BENGALURU, INDIA – The LXI Additional City Civil and Sessions Judge, Bengaluru City, has granted regular bail to three young men—Bhargav R, Sai Shashwath, and Harshavardhan—who were arrested in connection with an alleged plot to commit dacoity. The bail order, delivered on August 29, 2023, under Criminal Miscellaneous No. 8223/2023, allows the petitioners to be released from custody on stringent conditions.

The three petitioners—Bhargav R (Accused No. 1, aged 23), Sai Shashwath (Accused No. 2, aged 21), and Harshavardhan (Accused No. 3, aged 20)—were booked by the Vyalikaval Police Station in Cr. No. 117/2023 for offences punishable under Section 399 (Making preparation to commit dacoity) and Section 402 (Assembling for purpose of committing dacoity) of the Indian Penal Code (IPC).

Allegations and Petitioners’ Defence

According to the FIR and the complaint, the alleged incident took place on August 18, 2023, around 6:00 PM. The prosecution contended that the petitioners were found sitting beside a tree near Jalagangamma Temple on Vyalikaval Road, 17th Cross, actively “hatching a plan to commit dacoity of general public who passes there.”

The petitioners, represented by Sri. H.K.C.R., Advocate, vehemently contested the allegations. Their counsel argued that the young men were innocent, had been falsely implicated, and were “totally strangers” to the alleged incident. The core arguments put forth for granting bail included:

1. Denial of Guilt: The petitioners maintained they had not committed any of the alleged offences, either directly or indirectly, and were being used as scapegoats.
2. Lack of Specific Overt Act: The counsel pointed out the absence of a specific overt act attributed individually to the petitioners in the preparation or assembly for dacoity.
3. Socio-Economic Status: It was submitted that the accused are young, working as labourers (doing “coolie” work), and are the sole breadwinners for their aged parents who are entirely dependent on them for livelihood.
4. Readiness to Abide by Conditions: The petitioners expressed their readiness to comply with any terms and conditions imposed by the court, including furnishing surety, to ensure their presence during the trial.

Court’s Scrutiny of Prosecution Objections

The learned Public Prosecutor opposed the bail plea, citing that the material on record prima facie disclosed the petitioners’ involvement. The prosecution’s main concern was the potential for the petitioners to threaten, abscond, or tamper with the prosecution witnesses, which would inevitably hamper the trial process.

However, the LXI Additional City Civil & Sessions Judge, Sri. R. Ravi, B.Sc., LL.B., addressed these concerns directly in his order. The court observed that the petitioners’ presence could be easily secured for trial, stating:

“On the other hand though the prosecution has opposed the case of the petitioners that if the petitioners are granted bail then they may abscond and tamper the prosecution witnesses is concerned, the same do not hold any water as admittedly the FIR, remand application, cause title of the petition, copy of the Aadhar card of the petitioners shows that they are permanent resident of Bengaluru and as such their presence can be secured easily before the Court and the I.O.”

The Principle of Trial and Gravity of Offence

The court further noted that the alleged offences under Sections 399 and 402 of the IPC are not punishable with death or life imprisonment. The final determination of guilt against the petitioners will require a thorough trial process. Acknowledging that the prosecution’s apprehension could be met with the imposition of “stringent conditions,” the court concluded that the petitioners had indeed made out a prima facie case for the grant of bail, looking into the nature and gravity of the alleged offences.

Bail Conditions Imposed

The court consequently allowed the bail petition filed under Section 439 of the Cr.P.C. The petitioners were ordered to be released on bail subject to the following comprehensive conditions:

1. Personal Bond and Surety: Each petitioner must execute a personal bond for Rs. 1,00,000/- (Rupees One Lakh Only) with one surety for the like sum.
2. Monthly Attendance: The petitioners are required to mark their attendance before the Station House Officer (SHO) of the respondent Police Station once in a month on every 2nd Saturday between 10:00 AM and 8:00 PM, until the final report (charge sheet) is filed.
3. No Tampering or Threat: The petitioners must not hold any threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly.
4. Jurisdiction Restriction: The petitioners shall not leave the jurisdiction of the trial court without its prior permission.
5. Address Proof: The petitioners must furnish their residential address proof and that of their sureties.
6. Automatic Cancellation Clause: A failure to obey any of the stated conditions will result in the automatic cancellation of the bail order.

This conditional release provides the accused individuals with the opportunity to prepare their defence while ensuring their cooperation with the ongoing legal process.