1
Crl.Misc.No.11107/2023
KABC010302502023
IN THE COURT OF THE LXIX ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-70)
Dated this the 8th day of December, 2023
PRESENT; Sri. Balagopalakrishna,
c/c of 69th Addl. City Civil and Sessions
Judge, City Civil Court, (CCH 70).
Crl.Misc.No.11107/2023
Petitioner: Tejas Kumar. S,
aged about 18 years,
S/o Late Sudhir,
No. 31, 10th Main,
Near Maheshwara Temple,
JC Nagara, Kurubarahalli,
Mahalakshmi Layout,
Bangalore 560086.
(By Sri.Rangaswamy M.T, Advocate)
-V/S-
Respondent : State of Karnataka by
Subramanyapura PS,
Bengaluru.
(Represented by Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 438 OF CR.P.C.
This petition is filed by the petitioner u/sec. 438 of
Cr.P.C. praying to grant anticipatory bail to him in the
2
Crl.Misc.No.11107/2023
event of his arrest by the respondent police in Cr. No.
220/2023 of Subramanyanagara P.S.for the offence
punishable u/sec. 307, 324, 448, 427, 504, 506 r/w 34 of
IPC.
2. It is stated in the petition that the respondent police
have registered Cr. No.220/2023 for the offence punishable
u/sec. 307, 324, 448, 427, 504, 506 r/w 34 of IPC on the
basis of the information given by one Ravichandra M. It is
further stated in the petition that the petitioner is innocent
and he has not committed any offence as alleged by the
police. He has been falsely implicated with malafide
intention. The respondent police are making hectic efforts to
arrest the petitioner. The petitioner has got reasonable
apprehension of his arrest by the respondent police. The
petitioner is the permanent resident of address mentioned
in the cause title and he is coming from respectable family
and he has no bad antecedents or previously convict and
there is no case pending against him. The petitioner is
ready to abide by any of the terms and conditions that may
be imposed by the court for his enlargement on bail. The
petitioner is ready and willing to offer surety to the
3
Crl.Misc.No.11107/2023
satisfaction of the court. Hence prayed to allow the petition.
3. The learned Prosecutor has filed objections to the
petition alongwith report by opposing the grant of
anticipatory bail to the petitioner on the ground that the
offence alleged to have been committed by the are grave in
nature and against Society. It is further stated that the
investigation is completed and the charge sheet is filed and
the case is also committed to Sessions Court , if the
petitioner enlarged on bail he may commit similar offence
in future. It is further stated that if the petitioner is
enlarged on bail it would be difficult to secure his presence
for investigation and trial. With all these grounds amongst
others learned PP has prayed to reject the petition filed by
the petitioners.
4. Heard the arguments of learned P.P. and also
counsel for the petitioners. Perused the petition, objection
and other material on record.
5. The following points would arise for my
consideration are as under:
1. Whether the petitioner has made out
grounds to grant anticipatory bail
u/sec. 438 of Cr.P.C.?
4
Crl.Misc.No.11107/2023
2. What order?
6. On the basis of the evidence available on record my
finding on the above points are as under:
i. Point No.1: In the affirmative.
ii. Point No.2: As per final order on the following
REASONS
7. The petitioner has filed present petition praying to
grant regular bail to him in Cr. No.220/2023 of
Subramanyanagar police station for the offences punishable
u/sec. 307, 324, 448, 427, 504, 506 r/w 34 of IPC. The
said crime was registered by the police on the basis of the
information given by Ravichandra M. The petitioner has
produced the certified copy of the FIR, complaint and other
documents. The contents of the complaint is read carefully.
Having previous illwill when complainant and one Bhaskar
at about 3.45 pm on 5.10.2023 working in the garage, at
that time one Abhi came on a bike with two unknown
persons and tresspassed into the garage and started
abusing the complainant in filthy words. At that time the
complainant came out of the garage. At that time one
person by name Abhi addressed the complainant saying
5
Crl.Misc.No.11107/2023
that he was assaulted him, he will not leave him, saying so
took the chopper and assaulted on the neck of the
complainant. It was escaped and the complainant ran
outside the garage to take club , at that time Bhaskar
attempted to catch him and at that time Abhi threatened to
take away the life of the complainant and also assaulted
with chopper on the right hand of Bhaskar caused injuries.
Further Abhi and two unknown persons have damaged the
RX Yamaha bike with chopper.
8. Since the FIR is registered against the petitioner
and others by alleging the commission of non bailable
offence and since investigation is pending alleging the
commission of non bailable offence, the petitioner has filed
the present petition apprehending his arrest by the
respondent police. It is the apprehension of the petitioner
that the respondent police after registering the case against
him are making hectic efforts to arrest him and he got
apprehension of arrest since the respondent police have
registered the FIR by alleging the non bailable offence, there
is possibility of arrest of the petitioner by the respondent
police. The investigation is pending and the charge sheet is
6
Crl.Misc.No.11107/2023
not yet filed. The offences alleged against the petitioner is
not exclusively punishable with death or imprisonment for
life. The contents of the FIR has to be adjudicated only after
full fledged trial. The investigation is pending and the
charge sheet is not yet filed. The petitioner is residing within
the jurisdiction of the Magistrate. The other accused are
enlarged on bail by this court. The petitioner is also ready
to abide by terms and conditions imposed by the court for
his enlargement on bail. The petitioner is ready to furnish
surety to the satisfaction of the court for his appearance
before the Court. He is also ready to cooperate with the trial
of the case. As such there is no chance of the petitioner
absconding or fleeing away from justice. The presence of
the petitioner during trial of the case can be secured by
imposing suitable terms and conditions. The apprehension
of the learned PP or IO can be meet out by imposing some
conditions. Under the above facts and circumstances of the
case I am of the opinion that the petition filed by the
petitioner is deserves to be allowed and petitioner can be
granted anticipatory bail by imposing suitable conditions.
Accordingly this Point No.1 is in the affirmative.
7
Crl.Misc.No.11107/2023
9. Point No.2: By considering the above over all
reasons this court proceed to pass the following;
ORDER
Bail petition filed u/sec. 438 of Cr.P.C. by the
Petitioner is allowed. In the event of arrest, the
respondent police is directed to release the petitioner
in connection with case in Cr. No.220/2023 of
Subramanyanagara P.S. for the offence punishable
u/sec. 307, 324, 448, 427, 504, 506 r/w 34 of IPC
on executing personal bond for Rs.1,00,000/- with
one surety for the likesum to the satisfaction of the
trial court , subject to the following conditions.
1. The petitioner shall not threaten the
Prosecution witnesses directly or indirectly.
2. The petitioner shall appear before the court
regularly.
3. The petitioner shall not indulge in any other
offence.
4. The petitioner shall furnish the correct
address proof before the trial court.
5. The petitioner shall appear before the IO
within 10 days from the date of this order.
(Dictated to the SG I, transcript thereof is corrected, signed
and then pronounced by me in open court on this the 8 th
day of December, 2023)
(Balagopala Krishna)
th
c/c of 69 Addl. City Civil and Sessions Judge,
Bangalore.
8
Crl.Misc.No.11107/2023
