1 [Link].

1236/2024

IN THE COURT OF VI ADDL. DISTRICT AND

SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU.

Dated this the 20th day of June, 2024

PRESENT
Sri. Devananda [Link]., LL.M.
VI Addl. District & Sessions Judge,
Bengaluru Rural District, Bengaluru.

[Link].1236/2024

Petitioner : Ananth Krishna

S/o Shibu Ravindran,
Aged about 23 years,
R/at VVP House, Payringmala
Village, Kalliyur Post,
Neyum atragere Taluk,
Thiruvananthapura District,
Kerala.

(By Sri. Pavan A, Advocate)

-Vs-

Respondent: State by Soladevanahalli

Police Station.

(By Public Prosecutor)

 2 [Link].1236/2024

ORDER

This petition is filed by the petitioner/accused no.2

u/s.439 of Cr.P.C seeking his release on bail in
[Link].242/2024 registered by the respondent-Police for
the offences punishable U/s 394 and 419 of IPC.

2. Brief facts that lead to this petition are as under:

That on 28.05.2024, the complainant by name Amal
Sherief S/o Sherief, aged about 21 years residing at
No.213, Mahaver Sadar apartment, AGB layout,
Hessargatta Main Road, Bengaluru has preferred the
complaint by alleging the facts that he is residing in the
said address along with his friends and studied BBA at
Acharya college. It is stated that they are basically from
Kerala, six persons are staying in the room. On
27.05.2024, as usual they came back to the room from the
college at about 8.30 pm. Accordingly, Benly, Cibin, Ajin,
Althaf and Harshat were in the room. At that time, three
unknown persons all of a sudden have come inside the
room and told them that, they were from crime
department. They exhibited the Lotty, Pistol and Handcuff.
 3 [Link].1236/2024

It is further alleged that the said persons have brought

Ganza from outside. Initially they give it to Cibin to
consume. He refused. They handed over ganza to him
and put him in fear. Out of fear all of them have
consumed the ganza. They made the video of the same.
They threatened the complainant and his friends that, if
they want the said video, each of them have to pay the sum
of Rs.50,000/- that is in all the total sum of Rs.3,00,000/-
and provided UPI Id adarshbinu15-5@oksbi to do the
needful. It is further alleged that out of fear the
complainant had transferred the amount of Rs.90,000/- to
the said UPI id. It is further alleged that they have
threatened them to transfer the remaining amount on next
day and warned that, on their failure their video would be
leaked and they left the home at about 12.30 am. It is
stated that again on 1.30 am, they have called the
complainant through phone number 9567888515 and again
threatened them to transfer the amount. Based on the
aforesaid facts the respondent police have registered the
complaint against the culprits for the offences punishable
U/Sec. 394 and 419 of IPC.
 4 [Link].1236/2024

3. It is further submitted that the petitioner was

already arrested by the respondent police and was
produced before the jurisdictional Chief Judicial
Magistrate by way of remand through remand application
on 29.05.2021, he was sent to judicial custody as he was
not required for further investigation. It is further
submitted that the petitioner has approached the concerned
Chief Judicial Magistrate, seeking for grant of bail U/Sec.
437 of Cr P C and the said court has rejected the bail on
merits by its orders and it was also placed before the court
along with copies of remand application and the order
sheet.

4. Now, the petitioner/accused no.2, who is accused

no.2 alleged to has been committed the offences stated
supra, seeking for his release on bail, on the following
amongst other grounds:
The petitioner submit that he is innocent of
commission of offences alleged against him. There are no
reasonable grounds to believe that he has guilty of the
offences alleged. The alleged complaint dated 28.05.2024
does not provide any specific identification of the alleged
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culprits as required under provision of Evidence Act, the

entire complaint is based on an imaginary incident. It is
the three unknown persons who had been to the alleged
place of incident. There are no allegations against the
petitioner going to the alleged place of incident nor of
threatening the alleged victims. The petitioner neither
know the complainant and his friends nor they have met
them on the night of 27.05.2024. They are actual victim of
circumstances. The petitioner does not have any nexus to
the incident as alleged nor he has any knowledge about the
incident alleged by the complainant. He is solely
victimized as he is also from Kerala. It is further
submitted that the complainant police have sought for test
identification parade though there is doubt about the
identification of the actual culprits. The petitioner is aged
about 23 years and he is a student of BBA Aviation in East
West College, Bengaluru and the petitioner will be put to
great loss if he is not enlarged on bail as his studies will be
discontinue. The petitioner is hails from respectable
family and he does not have any criminal antecedents and
falsely implicated. There are no chances of petitioner
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absconding or evading trial. They does not require for any

further investigation and he is in judicial custody. There is
no embargo on this court to grant bail solely because he
belongs to state of Kerala. The petitioner has lead
respectable life. The petitioner is permanent resident of
Thiruvananthapuram District having movable and
immovable properties. He is law abiding citizen and
having deep roots in the society. He will abide by the
conditions and will not tamper the prosecution witnesses
and he is ready and willing to abide by all the conditions
imposed by this court. He will offer surety to the
satisfaction of the court. Based on the aforesaid grounds,
he seeks for grant of regular bail by preferring the
aforesaid petition and prays for allowing of the petition.

5. The bail petition was opposed by the learned

Public Prosecutor for state by filing his objections. It is
mainly contended that the petitioner has not assigned the
valid reasons and he denied the facts alleged. It is urged
that in the event of releasing of petitioner on bail, he may
cause threat or intimidate the complainant or the witnesses
 7 [Link].1236/2024

and preventing them to depose evidence before the court

and he will engaged in committing of similar offences. In
the event of releasing of petitioner on bail he may destroy
the evidence and may prevent the witnesses to depose
evidence. He may repeat the similar offences. It is
submitted by the prosecution that the amount which was
transferred to the account of the accused is required to be
freezed and to be recovered. The accused is from Kerala
and he is in the habit of committing robbery like offences
from migrating from one state to another state. He may
abscond and caused delay in disposing of the trial and the
case. It is also submitted by the prosecution during the
course of arguments that the test identification parade is
required to be conducted. Based on the aforesaid grounds
of objection, the prosecution seeks for rejection of bail
petition.

6. Heard arguments of both the sides.

7. The following points that arise for consideration of

this court are:
[Link] the petitioner has made out
 8 [Link].1236/2024

sufficient grounds for grant of bail?

2. What order?

8. The findings of this court on the above said points

are as under:

Point No.1: In the Affirmative

Point No.2: As per final order for the following:

REASONS

9. POINT NO.1 : The petitioner along with petition

has produced the following documents. They are;
1. FIR
2. Information
3. Order sheet in [Link].242/2024
4. Arrest memo
5. Letter to Tahsildar
6. Requisition and 7. Orders in [Link].242/2024

10. Examined the materials placed by the petitioner

through his counsel. Verified the facts pertaining to
alleged incident involved in the case on hand. Examined
 9 [Link].1236/2024

the available prosecution materials placed before the court

by the investigating agency and the prosecution.

11. On examination of the materials placed before the

court, and as per the facts put forth before the court, the
sole fact for implicating the petitioner in the case on hand
is transfer of amount of Rs.90,000/- to the UPI ID of one
Adarsh. But the petitioner pleaded that the petitioner is
neither aware of it nor he has used the said amount. It is
pertinent to note that if at all the petitioner having
intention to make use of the said amount, he has utilize the
amount by obtaining it from concerned and would not
have kept the said amount in the account of one Adarsh.
Soon after transfer of amount to his account, he would
have make use of it, but amount was kept as it is. Further,
it is not at the instance or direction of the present petitioner
at his presence on his demand the amount was transferred
to UPI id or the unknown persons have not stated that it is
at the instructions of this petitioner they are insisting for
transfer of amount to the UPI id provided. The allegations
made in the complaint discloses that, it is because of three
 10 [Link].1236/2024

unknown persons who went to the alleged place of

incident the event happened. The complaint does not
disclose the names of this petitioner or any other persons
who accompanied with him. The facts does not reveals
prima facie that, the petitioner along with other persons
have taken the active participation in commission of
offence and by virtue by said act of offence the sum of
Rs.90,000/- has been transferred to UPI Account provided.
It is further necessary to state here is that as per the
materials placed by the investigating agency through
prosecution the test identification parade of the petitioner
and others is required. As per the materials placed, the
concerned Thasildar fixed the date for test identification
parade of the accused. Even on previous occasion also the
time was fixed for the said purpose and it was not
conducted and same was postponing on one or other
pretext. Only on the basis of the requirement of
conducting of test identification parade the bail cannot be
rejected. The presence of the petitioner at the time of
offence or at the place of offence itself appears to be
doubtful. Further, the petitioner being an accused will
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appear before the concerned authority or before the

Tahsildar for the purpose of conducting of test
identification parade along with other persons so as to
follow the formalities. Therefore, only on the said ground,
the present petition preferred by the petitioner cannot be
rejected at the outset.

12. The materials discloses that the complaint dated

28.05.2024 was registered at about 8.45 pm in respect of
the incident which took place during mid night of
27.05.2024. The complaint appears to have been
registered based on transfer of amount of Rs.90,000/-.
There is no meeting of complainant and his friends by the
accused at earlier occasion. The material does not
discloses about the direct nexus of the petitioner with the
incident as alleged, or it does not disclose about
knowledge about the incident alleged by the complainant.
It appears that the respondent police might have
considered the place of accused as he is also from Kerala.
The requirement of the conducting of the test identification
parade itself exhibits that there is doubt about
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identification of actual culprits who involved in the case.

If the complainant and his friends specifically knows the
accused, then they would have stated the same in their
complaint. They would have identified the accused at the
time of commission of offences itself and there was no
need for conducting of test identification parade. It is
further necessary to state here is that the petitioner is
appears to be very young, he is already in judicial custody
for long time nearly for the duration of more than two
weeks. If he will kept in judicial custody for long time, he
will come in contact with the company of hardcore
criminals and will exposed to unnecessary threat and he
will lost his studies as he is a BBA Student. He hails from
good family and has not having any criminal antecedents
as stated above. The accused being the resident of state of
Kerala does not prevent him to seek for grant of bail as
stated earlier. The accused was already taken to police
custody along with others and at present he is in judicial
custody. In-spite of order of court, Tahsildar has not
conducted the test identification parade within the specific
time fixed by the court and same is postponing. The
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requirement of the accused for the purpose of test

identification parade is concerned he can be made
available even after granting of bail for the said purpose.
Keeping of the accused in judicial custody till the
Tahsildar making his arrangements to conduct test
identification parade is not necessary under the facts and
circumstances of this case. The petitioner himself has
given an undertaking that he will co-operate with the
investigating agency in respect of further investigation.
Therefore, his presence can be secured even for the
purpose of test identification parade before the Tahsildar.
Hence, under the circumstances the application preferred
by the applicant/petitioner deserves the consideration of
this court. Further, the concerned court has rejected the
bail application of the accused no.2 by its order dated
03.06.2024. The investigation papers discloses that the
accused was already secured, the witnesses were already
examined and their statements were already obtained. The
voluntary statements of the accused was obtained. The
material objects such as Lotty, Air pistol, Handcuff, CBI
ID card, Batten, mobiles, Air gun bills, bank cards along
 14 [Link].1236/2024

with Mahindra HUV car, Hyundai car and another car

were already recovered by the concerned police before the
panchas through mahazar. The transferred amount is very
much available in the account and it could be freezed at
any time and amount could be recovered. The documents
in support of allegations regarding commission of similar
offences by the accused by migrating from one state to
another state not placed for reference of court. Though the
accused appears to be the resident of another state and for
his appearance for the purpose of test identification parade
before the concerned authority and before the court, the
requisite conditions could be imposed. Hence, under the
circumstances by considering the age of the petitioner and
he being the student and about the manner in which the
investigation is already conducted as discussed above and
by virtue of no requirement of petitioner for any further
investigation except for the alleged test identification
parade, the petition preferred by the petitioner deserves the
consideration of this court. Hence, under the
circumstances the apprehension expressed by the
prosecution can be meet out by imposing stringent
 15 [Link].1236/2024

conditions while granting the bail. Therefore, this court is

of the opinion that the petition preferred by the petitioner
merits the consideration of this court and deserves to be
allowed in the interest of justice. Accordingly, this court is
of the opinion that the petitioner has made out sufficient
grounds to consider the petition and hence, this court
hereby answer the point no.1 in the Affirmative.

13. POINT No.2: In view of the above said

discussions and findings to the above said point no.1, this
court proceed to pass the following:

ORDER

The petition filed by the

petitioner/accused No.2 U/Sec.439 of Cr P C is
hereby allowed.

Consequently, the petitioner/accused no.2 is

ordered to be released on bail in
[Link].242/2024 of Soladevanahalli Police
Station on his executing the personal bond for
the sum of Rs.2,00,000/- and shall furnish a
 16 [Link].1236/2024

surety for the like sum to the satisfaction of the

concerned court subject to the conditions that:

1) The petitioner shall appear before the

Investigating officer as and when called upon
and before the concerned authority for the
purpose of test identification parade if not yet
conducted and extend his fullest co-operation in
the investigation.

2) He shall not give threat to the prosecution

witnesses in any manner.

3) He shall appear before the concerned

court on all the dates of hearing unless
prevented by any genuine cause and exempted
by the Court.

4) He shall not indulge in similar offences

in any manner whatsoever.

(Dictated to the Stenographer transcribed by her and transcript,

corrected by me and then pronounced in open Court on this the 20th day
of June, 2024)

(DEVANANDA)
VI Addl. District & Sessions Judge,
Bengaluru Rural District, Bengaluru.
17 [Link].1236/2024

Order pronounced in open court vide

separate order sheet for the following:

ORDER

The petition filed by the

petitioner/accused No.2 U/Sec.439 of Cr P C
is hereby allowed.
Consequently, the petitioner/accused
no.2 is ordered to be released on bail in
[Link].242/2024 of Soladevanahalli Police
Station on his executing the personal bond
for the sum of Rs.2,00,000/- and shall
furnish a surety for the like sum to the
satisfaction of the concerned court subject
to the conditions that:
1) The petitioner shall appear before
the Investigating officer as and when called
upon and before the concerned authority for
the purpose of test identification parade if
not yet conducted and extend his fullest co-
operation in the investigation.

2) He shall not give threat to the

prosecution witnesses in any manner.

3) He shall appear before the

concerned court on all the dates of hearing
unless prevented by any genuine cause and
exempted by the Court.

4) He shall not indulge in similar

offences in any manner whatsoever.

VI ADJ