THIS CRL.P IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973 AND SECTION 483 OF BHARTIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.960/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75, 341, 342, 364A, 395, 201, 120(B) OF IPC PENDING O THE FILE OF THE HONBLE LXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-64).

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

1. This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth referred to as 'BNSS' for short) to enlarge him on bail in S.C.No.960/2022 for the offences punishable under Sections 75, 341, 342, 364A, 395, 201 and 120B of Indian Penal Code, 1860 (henceforth referred to as 'IPC' for short).

2. The case of the prosecution is that on 23.08.2021 the petitioner, along with another accused, committed dacoity and forced the victim to transfer a sum of Rs.10,00,000/- and also withdrew a sum of Rs.15,000/- from the victim's ATM. It is further alleged that they thereafter took the victim and his friend to a deserted place, where they were forced to undress and made to hold a packet containing ganja. They were compelled to state that they had brought the ganja for sale from Chennai to Bengaluru. It is further alleged that the victim was wrongfully confined by the accused till 24.08.2021. Based on the said information, respondent registered a case in Cr.No.73/2021 for the offences punishable under Sections 364A, 395 and 342 of IPC.

3. The respondent after conducting investigation, filed a charge sheet for the offences punishable under Sections 75, 341, 342, 364A, 395, 201 and 120B and the Trial Court took cognizance and issued process.

4. The petitioner unsuccessfully moved a petition for bail in S.C.No.960/2022 before the Sessions Court and is before this Court seeking grant of bail.

5. The learned counsel for the petitioner submitted that petitioner was convicted in S.C.No.10003/2017 and was sentenced to imprisonment for life by a judgment and order dated 05.11.2018. He submits that the petitioner has been in custody ever since and therefore, the question of the petitioner committing the offence on 23.08.2021 does not arise. He further submits that the other accused who was similarly placed was granted bail on similar grounds by this Court in Crl.P.No.258/2022.

6. Learned High Court Government Pleader did not dispute that the petitioner was convicted by the Sessions Court as stated above and that he is in custody from the date of his conviction.

7. In that view of the matter, the complicity of the petitioner in the commission of offence is doubtful. Hence, the petitioner is entitled to be enlarged on bail.

8. Consequently, this petition is allowed and the petitioner is ordered to be released on bail in S.C.No.960/2022 pending trial before LXIII Additional City Civil and Sessions Judge, Bengaluru subject to the following conditions:

1) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with one local surety for the likesum to the satisfaction of Trial Court.

2) The petitioner shall not tamper/influence the prosecution witnesses.

3) He shall appear before the Trial Court on all dates of hearing without fail, unless exempted by the Court for any genuine reason.

4) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court till disposal of the case against him.