Crl.Misc.3098/2024 KABC010087392024 IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) Dated this the 10th day of April 2024 :PRESENT: Sri.Sabappa,B.Com.,LLB(Spl.) LXVIIIAddl.CityCivilandSessionsJudge, Bengaluru City. CRIMINAL MISCELLANEOUS No.3098/2024 PETITIONER : Alex, S/o Anthony, Aged about 29 years, R/at New Ashok Tent Society Lane, Ashoknagar, Arabic College Post, Bengaluru – 560 045 (BySri. Rakesh Raj,Adv.,) V/s RESPONDENT : State by; Chamarajpet Police Station, City Civil Court Complex, Bengaluru. (RepresentedbyPublicProsecutor) Crl.Misc.3098/2024 ORDER ON BAIL PETITION U/SEC.439 OF CR.P.C. This petition is filed by the petitioner under Sec.439 of Cr.P.C., seeking regular bail in connection with Cr.No.194/2023 registered by the Chamarajpet Police, for the offence punishable under Sec.397 of I.P.C.

2. The brief facts of the petitioner's case is that, the

respondent police have registered case against the petitioner and others for the offence punishable Sec.397 of I.P.C based on the complaint filed by one Mahadeva. It is alleged that, on 21.09.2023 at about 3.10 a.m in the morning when the complainant was loading flowers and coming towards Market. At that time, near Old Toll Gate, 4 unknown persons came in a passenger auto and have blocked their way. Thereafter, two persons got down from the auto and came near the complainant. They were holding longs in their hands. One person caught hold the complainant and another person caught hold Mariswamy and thereafter they assaulted the complainant and snatched Rs.1,000/- from his pocket and Rs.700/- from his friend Mariswamy. Hence, complainant lodged the complaint. During the course of investigation the respondent police arrested the petitioner and remanded him to J.C. Thereby, he has filed the present bail petition seeking regular bail.

3. The grounds urged by the petitioner are as under :

It is submitted that, he is innocent of the alleged offence. He is Crl.Misc.3098/2024 arrayed as accused No.3. He has been wrongly implicated in this case. Since from 21.01.2024 he is in custody. He is no more required for any interrogation. There is no specific overt-act against the petitioner. He has been arrested after 4 months of the alleged offence. The description of the accused person is no where mentioned in the complaint nor FIR. No recovery is made. Test identification parade is conducted and completed by the Tahsildar. He is not required for any further investigation. He is a permanent resident of Bengaluru City. He is ready and willing to abide by any terms and conditions imposed by this Court. He is ready to furnish surety to the satisfaction of the Court. He undertakes not to hamper or tamper with the evidences. Hence, he prayed to allow the petition.

4. The learned Public Prosecutor has filed objections to the

bail petition along with the report of the P.I, of Chamarajpete police station contending that, the grounds stated by the petitioner are far away from truth. In the objections the learned Public Prosecutor has narrated the facts as stated in the FIR. During the course of investigation the I.O has arrested the accused persons and recorded their voluntary statements. The I.O is yet to trace out accused No.2. The petitioner is a habitual offender. Test identification parade has been conducted by the Tahsildar. The I.O is yet to receive the report from the Tahsildar regarding test identification parade. Petitioner is not having permanent abode. If he is enlarged on bail it will be difficult to trace out accused No.2. If the petitioner is granted bail, there is every chance that he may abscond, commit similar offences and tamper the prosecution witnesses and hamper the evidence. Crl.Misc.3098/2024 Therefore, the P.P has sought for rejection of bail.

5. Heard both sides. Perused the materials on record.

6. The points that arise for my consideration are:

1. Whether the petitioner has made out sufficient grounds for grant of regular bail U/Sec.439 of Cr.P.C as sought for?

2. What order?

7. My findings to the above points are as follows:

Point No.1 : In the Affirmative Point No.2 : As per final order, for the following; R E A S O N S

8. POINT No.1: On going through the bail petition and

objection statement it is noticed that, the respondent police registered case against the petitioner and others in Cr.No.194/2023 for the offence punishable U/Sec.397 of I.P.C. Since the date of arrest the petitioner is in J.C. One Mahadeva has lodged the complaint against the petitioner. The petitioner is arrested by the respondent police on 21.01.2024 and produced before the trial court and obtained the petitioner for police custody. Later on, the respondent police interrogated the petitioner and produced before the trial court. Thereby, the petitioner has approached this Court by filing the present bail petition. Crl.Misc.3098/2024

9. After filing the present petition the petitioner's counsel filed

memo along with the copy of the bail order passed by this Court in Crl.Misc.2447/2024. This Court granted bail to the accused who filed the bail petition U/Sec.439 of Cr.P.C. It is no doubt, the alleged offence U/Sec.397 of I.P.C is triable by this Court, it is not punishable with death or imprisonment for life. In this case, the 2nd accused is absconded. He is not traced out by the respondent police. At this stage, the reasons assigned by the petitioner and objection statement, this Court noticed that the present petitioner is arrayed as accused No.1 in this case. However, the co-accused is already enlarged on bail by this Court. The petitioner is also standing on the same footing. Thereby, the petitioner has made out sufficient grounds to enlarge him on bail. Moreover, the petitioner is already interrogated by the respondent police and produced before the trial court. Thereby, this Court come to the conclusion that if petitioner is enlarged on bail by imposing conditions, it will protect the interest of the prosecution. In case if the petitioner is put in J.C, his family members will suffer great hardship and humiliation. The family of the petitioner is depending upon the earning of this petitioner. It is pertinent to mention that bail is a rule, jail is exception. Once the I.O has already interrogated the petitioner and produced before the trial court, the petitioner is not required for further interrogation. In view of the above discussion, I come to the conclusion that at this stage, the petitioner has made out sufficient grounds to enlarge him on bail. Hence, for the above reasons and discussion, I answer Point No.1 in the Affirmative. Crl.Misc.3098/2024

10. POINT NO.2: In view of my findings point No.1, I

proceed to pass the following: O R D E R Bail petition filed by the petitioner under Sec.439 of Cr.P.C is hereby allowed. Petitioner is ordered to be released on regular bail in connection with Cr.No.194/2023 on executing his personal bond for Rs.50,000/- with one surety for the likesum on the following conditions.

1. The petitioner shall appear before the Trial Court

within 30 days from the date of this order.

2. The petitioner shall not tamper with the

Prosecution witnesses either directly or indirectly in any manner.

3. The petitioner shall regularly appear before the

concerned court as and when required.

4. The petitioner shall not abscond from the

ordinary residence and he should furnish the address proof to the concerned police.

5. The petitioner shall not indulge in any kind of

offence. Crl.Misc.3098/2024

6. The petitioner shall not leave the jurisdiction of

the court without prior permission. If any of the above conditions violates the I.O is at liberty to move for cancellation of bail. Petitioner is ordered to be released on bail if his custody does not required in any other case. (Dictated to the Stenographer, typed by her directly on Computer, revised, corrected and then pronounced by me in the open court on this the 10th day of April, 2024) (Sabappa) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City. Crl.Misc.3098/2024 ORDERS PRONOUNCED IN THE OPEN COURT, VIDE SEPARATE ORDER Bail petition filed by the petitioner under Sec.439 of Cr.P.C is hereby allowed. Petitioner is ordered to be released on regular bail in connection with Cr.No.194/2023 on executing his personal bond for Rs.50,000/- with one surety for the likesum on the following conditions.

1. The petitioner shall appear before the Trial Court within 30 days from the date of this order.

2. The petitioner shall not tamper with the Prosecution witnesses either directly or indirectly in any manner.

3. The petitioner shall regularly appear before the concerned court as and when required.

4. The petitioner shall not abscond from the ordinary residence and he should furnish the address proof to the concerned police.

5. The petitioner shall not indulge in any kind of offence.

6. The petitioner shall not leave the jurisdiction of the court without prior permission.

If any of the above conditions violates the I.O is at liberty to move for cancellation of bail. Crl.Misc.3098/2024 Petitioner is ordered to be released on bail if his custody does not required in any other case. LXVIII A.C.C & S.J, Bengaluru City. Crl.Misc.3098/2024