IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

(MEMORANDUM OF CRIMINAL MISCLANEOUS APPLICATION

FILED UNDER SECTION 483 OF THE BHARATIYA NAGARIKA
SURAKSHA SANHITA)

IN THE COURT OF THE XXXII ADDL CHIEF JUDICIAL

MAGISTRATE, AT BENGALURU

CRIME.No.71/2025

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE, AT BENGALURU

CRL.MISC.NO. /2025

BETWEEN RANK OF THE

PARTY

LOWER COURT / THIS

COURT

1.SRI.NAVEEN.R @ KONE
S/o Late Raja
Aged about 20 years,
Residing at,
No.80, 5th Main Road,
Okalipuram, Srirampura,
Bengaluru 560 021 ACCUSED No.1/ PETITIONER
No.1

2.SRI.JNANESH.R @ JOHN SEENA

S/o Robert,
Aged about 19 years,
Residing at,
1st Cross, Thoti Lane,
Narayana Rao Colony,
Srirampura,
Bengaluru 560 021 ACCUSED No.2/ PETITIONER
No.2

AND

STATE BY
SRIRAMPURA.P.S.
Represented by P.P
City Civil Court-Complex,
Bengaluru COMPLAINANT /
RESPONDENT

THE PETITIONERS ABOVE NAMED UNDER SECTION 483

OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, MOST
HUMBLY BEG TO STATE AS FOLLOWS:
 1. For the service of Court Notices, Summons, etc., the
Addresses of the petitioners is clearly furnished in the above
cause title for the emergency purpose it may also served to their
counsel Sri. HARISH PRABHU.S, Smt.HEMAVATHI.B.R AND
ASSOCIATES, Advocates, No.25, 2nd Floor, 40 Feet Road,
Huchappa Layout, SVG Nagar, Mudalapalya, Bangalore-560072.
For Similar Purpose the Address of the Respondent is also
correctly furnished in the above cause title.

2. The Respondent Police have registered a case for the

offences Punishable under Section 352, 351(2), 118(1), 109(1)
R/w 3(5) of the Bharatiya Nyaya Sanhita. The present Petitioners
are been projected as Accused No.1 and 2 in the present case.

BRIEF FACTS OF THE CASE:

3. The facts of the case is that, the Complainant Sri.Praveen Kumar

S/o K.Ramakrishnan, aged about 36 years, residing at No.206 , 5 th
Cross, Byasham Nagar, Srirampura has on 23-05-2025 at around
15:00 ( 3: 00 Pm) registered a Complaint with the Respondent
Police stating that, he is residing along with his Aunt and their
children in the above address and has been working as mechanic
of Ac for the purpose of livelihood, in the complaint he alleges
that, on 22-05-2025 at around 7pm in the evening, while he was
returning from work and was walking down towards Srirampura
through Okalipura Sky Flyover, he alleges that, three unknown
persons were sitting on the stairs, while the complainant told
them provide space to pass through, they had picked up a
quarrel with the Complainant, one among them had assaulted the
Complainant with a knife on his head and thereafter on his left
thigh causing blood injury, thereafter they had left the place
threatening the Complainant that, if he is seen again they would
not live him, further the Complainant states that, he had been to
his house informed the incident to his family members, thereafter
been to KC General Hospital for treatment, thereafter had
approached the Police, he further states that, he had seen the
culprits and can recognize them if shown to him and requested
the Srirampura Police to initiate legal action against them, based
 on the complaint a case is registered in Crime.No.71/2025 for the
offences punishable under section 352, 351(2), 118(1) R/w 3(5) of
the Bharatiya Nyaya Sanhita. The Copy of the FIR and Complaint
are herewith produced and marked as DOCUMENT-1 and
DOCUMENT-2.

4. Further it is alleged that, the Complainant had on 24-05-2025

given a further statement wherein he had expressed that, the
culprits with an intention to commit his murder had assaulted him
causing grievous injuries, based on which the Respondent Police
have impleaded Section 109(1) of the Bharatiya Nyaya Sanhita in
the present case through a requisition to the jurisdictional
Magistrate.

5. It is most humbly submitted that, the Petitioner No.1 and 2 were

arrested on 16-06-2025 and thereafter produced before the
Jurisdictional Hon’ble XXXII Addl Chief Judicial Magistrate on 17-
06-2025 and thereafter remanded to judicial custody as they
were not required for any further investigation. The Copy of the
Remand Application and Order sheet are produced as
DOCUMENT-3 and DOCUMENT-4.

GROUNDS

6. The Petitioners most humbly submit that, they are innocent

of commission of offences alleged and has been falsely lugged
into the crime for extraneous reasons with oblique motive. The
allegations made against them are denied as false, ingredients of
the alleged offences are lacking.

7. The Petitioners humbly submits that, the entire incident is

based on a trivial issue of asking space to Pass through the stairs,
the entire complaint dated 23-05-2025 is concocted only with a
sole intension of projecting the incident as grave in nature and
does not have any ingredients to constitute offence under section
109(1) of the Bharatiya Nyaya Sanhita, all the other offences
alleged are bailable in nature.
8. The Petitioners humbly submit that, the way in which the
entire complaint is manipulated, projects the oblique motive
behind the Complaint, even though the incident occurred at 7pm
on 22-05-2025, the Complaint came to be lodged at 3pm on 23-
05-2025 and thereafter section 109(1) was added through a
further statement dated 24-05-2025, which projects the political
motivation behind the registration of the case.

9. It is most humbly submitted that, the Petitioners were

arrested from two different Rehabilitation centers, where they
were admitted by their parents, the entire act of the Respondent
Police is an act of vengeance against the Parents of the
Petitioners, by the Politically and financially strong men of the
locality, solely because they had refused to work for them.

10. It is humbly submitted that, the entire incident is

admittedly have taken place at around 7pm on 22-05-2025 the
source of light available at the alleged place of incident becomes
of paramount importance for the purpose of identification of the
culprits, the Complaint it does not provide for any name of the
culprit and the Complainant also fails to provide identification of
the actual culprits if such incident did take place as required
under section 7 of the Bharatiya Sakshya Adhiniyam 2023, the
present petitioners are been implicated into the present case,
solely to ease out of the investigation of the present case.

11. The Petitioners humbly submit that, eventhough there are

certain doubt on the identification of the culprits, the
Investigating officer has till date not filed any requisition
requesting for a test identification parade, which projects the
weak nature of the allegations on the Petitioners. The Petitioner
No.1 & 2 neither were a part of the alleged incident nor do they
have any knowledge about such incident.

12. It is most humbly submitted that, even if the prosecution

theory is admitted for the sake of arguments, the alleged victim
is discharged from the hospital and hale and healthy, there is no
embargo upon this Hon’ble court to grant bail to the petitioners.
 13. Both the Petitioners are aged between 19 to 20 years and
are of impressionable age, they had been admitted to
rehabilitation center by their respective parents to stabilize their
behavior and if kept in the company of hardcore criminals their
entire future is exposed to danger. They are entitled for the
presumption of innocence and they are in judicial custody from
17-06-2025 till date.

14. The Petitioners submits that, the Petitioners have led

a respectable life, and if they are kept in judicial custody in this
false case, their entire families would be put to great humiliation
before family and friends, as most of them do not distinguish
between pre trail detention and conviction.

15. The Petitioners further humbly submits that they are

residing at the address stated in the cause title and permanent
resident of Bangalore with movable and immovable properties.
The petitioner is a respectable citizen and having deep roots in
the society. The Address proof is furnished as DOCUMENT-5.

16. The Petitioners humbly submit that, they are ready and
willing to furnish adequate surety for their due appearance before
the Court. They undertakes that, they will not tamper with the
prosecution witnesses, they will cooperate for the investigation
of the case and they are ready and willing to abide by all
conditions imposed by this Hon’ble court

17. The Petitioners humbly submit that, no petition of same

nature is pending before any other court of law.

WHEREFORE, the Petitioner No.1 & 2 named above pray that, this
Hon’ble Court may be pleased to pass an order, enlarging the
Petitioners on bail in Crime.no.71/2025 registered by the Srirampura
police station, Bengaluru for the offence punishable under Section 352,
351(2), 118(1), 109(1) R/w 3(5) of the Bharatiya Nyaya Sanhita,
pending before the Hon’ble XXXII Addl Chief Metropolitan Magistrate,
at Bengaluru, to meet the ends of justice.

BENGALURU
DATE: 02-07-2025 ADVOCATE
FOR PETITIONER

(HARISH PRABHU.S)

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE AT, BENGALURU

CRL.MISC.NO. /2025

PETITIONER: NAVEEN.R AND

ANOTHER

V/s

RESPONDENT: STATE BY SRIRAMPURA

PS

INDEX
 SL.N DESCRIPTION PAGE.N P.F
O O

1. MEMORANDUM OF APPLICATION UNDER

SECTION 483 OF THE BHARATIYA
NAGARIKA SURAKSHA SANHITA.

2. THE COPY OF THE FIR AND COMPLAINT AS

DOCUMENT-1 AND DOCUMENT-2.

3. THE COPY OF THE REMAND APPLICATION

AND ORDER SHEET AS DOCUMENT-3
AND DOCUMENT-4

4. THE COPY OF THE AADHAR CARD AS

DOCUMENT-5.

5. MEMO OF APPEARANCE

PROCESS MEMO WITH RESPONDENT

COPY.

BENGALURU

DATE: 02-07-2025 ADVOCATE FOR

PETITIONERS

IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS

JUDGE AT, BENGALURU

CRL.MISC.NO. /2025

PETITIONER: P1 NAVEEN.R
P2 JNANESH.R

V/s
 RESPONDENT: STATE BY SRIRAMPURA. PS

MEMO OF APPEARANCE

The Advocates undersigned have been assigned to appear, represent

and prosecute the above case in Crl. Misc Petition, in behalf of the

Petitioner No.1 & 2, the Advocates most humbly pray that, this Hon’ble

court may be pleased to grant them permission to do the same, in the

interest of Justice.

BANGALORE
DATE: 02-07-2025 ADVOCATES

HARISH PRABHU.S
KAR 1402/2009
No.25, 2 nd Floor,
40Feet Road, SVG Nagar,
Mudalapalya,
Bengaluru 560 072
Phone: 9900626465
E mail:
harishprabhu00@gmail.com