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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 SURASKSHA
SANHITA)
IN THE COURT OF THE VIth ADDL CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU
CRIME.No.421/2024
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
CRL.MISC.NO. /2024
BETWEEN RANK OF THE
PARTY
LOWER COURT
THIS COURT
1.MITHUN SADISHAN
S/o Sadishan.P.T
Aged about 24 years,
Residing at,
Pullittil, Valiythoval Post,
Kalkutan Village,
Idukki District,
Kerala 685 514 ACCUSED No.1
PETITIONER.No.1
2.AJAYAN.C.V
S/o Vijayan.CC.
Aged about 30 years,
Residing at,
Chavuvallil,
Papandupura Post,
Idukki District,
Kerala 685 515 ACCUSED No.2
PETITIONER No.2
Both also at,
Residency College,
Mount Carmel Nursing College,
Jnana Jothi Nagar,
Jnanabharathi
Bengaluru
AND
STATE BY
JNANABHARATHI .P.S.
Represented by P.P
2
Court-Complex,
Bengaluru COMPLAINANT
RESPONDENT
THE PETITIONERS ABOVE NAMED UNDER SECTION 483 OF THE
BHARATHIYA 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, CHIRANJEEVI.P 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 115(2), 76 R/w 3(5) of The
Bharatiya Nyaya Sanhitha.
FACTS OF THE CASE
3. The facts of the case is that on 21-10-2024, the Complainant
Smt.Jayanthi Gowda W/o Mahendra, aged about 48 years,
residing at No.162/A, 2ND Stage, Bhuvaneshwari Nagar, Ullal,
Bengaluru has registered a Complaint alleging that, on 21-10-
2024, at around 1.30pm, while the Complainant and her
associates were travelling in her car in Double road, Ullal, near
Madira Bar, some youths were quarrelling, on enquiry she came
to know that, they were Kerala youths and where doing the
galata in intoxicated state, it is stated when she got down from
the Vehicle and went to enquire with the drunk youths, she
alleges that, one gang had assaulted her, punched her in the
face, later pushed her around with hands on saree, the public
who saw the same, had caught hold of the people who assaulted
her and gave them to the custody of the police, based on this
complaint a crime came to be registered in Crime.No.421/2024
for offences punishable under section 115(2), 76 R/w 3(5) of The
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Bharatiya Nyaya Sanhitha. The Copy of the FIR and Complaint are
produced as DOCUMENT-1 and DOCUMENT-2.
4. It is submitted that, the Petitioner No.1 and 2 are projected as
Accused No.1 and 2 arrested on 22-10-2024 and produced
before the Jurisdictional VI ACJM on the same day and sent to
Judicial custody as they were not required for any further
investigation. The Copy of the Remand Application dated 22-10-
2024 and the Order sheet in Crime.No.421/2024 is produced as
DOCUMENT-3 and DOCUMENT-4.
GROUNDS
5. The Petitioner No.1 and 2 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 offence are lacking.
6. The Complaint dated 21-10-2024 does not provide for any
ingredients to attract Section 115(2) or section 76 of the
Bharatiya Nyaya Sanhita, even then these sections are invoked to
project the Petitioners in bad light and send them to judicial
custody. the only non bailable section is Section 76 of BNS, which
is invoked solely with purpose to send the Petitioner No.1 and 2
to judicial custody.
7. It is most respectfully submitted that, the Complainant in the
present case is stated to be President of Rastra Mahila Vedike,
these are the voluntary organizations registered by them, solely
to harass people and extort money from them. The Petitioner are
victim of circumstances, where they were arbitrarily arrested
even without verification of the incident solely because the
Petitioners are not locals and the Complainant is a leader of some
organization.
8. The Petitioners most humbly submit that, the facts of the
Complaint prima facie project the malafide intension of the
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Complainant to allege false allegations and implicate the
innocent people in a criminal case, the Petitioners neither knew
the Complainant nor have they in any way interfered with the
Complainant, even then she alleges she herself had been to the
place and further alleges that, she was been assaulted and
manhandled, which shows the false nature of the Complaint.
Solely registered to harass the Petitioners who are from a
different state and have been to Bengaluru for studies.
9. The Petitioner No.1 and 2 most humbly submit that, the
Petitioners are students and they are in no way committed any
offence, the Complainant herself had been to the spot, where the
Petitioners were standing harassed them and later implicated
them into this false case, she had registered this false case solely
on her influence of president of some organization.
10. The Petitioners are of impressionable age of 24 years
and students of Mount Carmel Nursing College, Ullal, they do not
have any criminal antecedents, if kept in the company of
hardcore criminals the entire future, career would be exposed to
danger.
11. The Petitioners submits that, the Petitioners have led a
respectable life, and keeping them in judicial custody would put
their entire family to great humiliation before family and friends,
as most of them do not distinguish between pre trail detention
and conviction and it will also tarnish their public image, which is
the sole purpose of registration of this false case.
12. The Petitioners further humbly submits that they are
residing at the address stated in the cause title and permanent
resident of Kerala with movable and immovable properties. The
petitioners are respectable citizen and having deep roots in the
society. They undertake that, they would attend the hearing
dates of the case regularly without fail and would not delay the
proceedings of the case in anyway.
13. The Petitioners humbly submit that, they are ready
and willing to furnish adequate surety for his due appearance
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before the Court. They undertakes that, they will not tamper with
the prosecution witnesses, they will co operate for the
investigation of the case and they are ready and willing to abide
by all conditions imposed by this Hon’ble court
14. The Petitioners humbly submit that, no petition of same
nature is pending before any other court of law.
WHEREFORE, the Petitioner No.1 and 2 named above pray that, this
Hon’ble Court may be pleased to pass an order, enlarging the
Petitioners on bail in Crime.no.421 /2024 registered by the
Jnanabharathi police station, Bengaluru for the offence punishable
under Section 115(2), 76 R/w 3(5) of The Bharatiya Nyaya Sanhitha,
pending before the Hon’ble VIth Addl Chief Metropolitan Magistrate, at
Bengaluru, to meet the ends of justice.
BENGALURU
DATE: 25-10-2024 ADVOCATE FOR
PETITIONER
(HARISH
PRABHU.S)
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
CRL.MISC.NO. /2024
PETITIONER: MITHUN SADISHAN AND
ANOTHER
V/s
RESPONDENT: STATE BY JNANA BHARATHI
PS
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INDEX
SL.N DESCRIPTION PAGE.N P.F
O O
1. MEMORANDUM OF APPLICATION UNDER
SECTION 483 OF THE BHARATIYA
SURAKSHA SANHITA
2. THE COPY OF THE FIR AND COMPLAINT AS
DOCUMENT-1 AND DOCUMENT-2.
3. THE COPY OF REMAND APPLICATION AND
ORDER SHEET AS DOCUMENT-3 AND
DOCUMENT-4.
4. MEMO OF APPEARANCE
5. PROCESS MEMO WITH RESPONDENT
COPY.
BENGALURU
DATE: 25-10-2024 ADVOCATE FOR
PETITIONERS
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE, AT BENGALURU
CRL.MISC.NO. /2024
PETITIONER: P1 MITHUN SADISHAN
P2 AJAYAN
V/s
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RESPONDENT: STATE BY JNANA BHARATHI
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 and 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.
BENGALURU
DATE: 25-10-2024
ADVOCATES
