IN THE COURT OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE

AT BENGALURU
CRIMINAL MISCELLANEOUS PETITION ________ /2021

BETWEEN:
MR. VIKARAM PETITIONER

AND
STATE OF KARNATAKA
BY SIDDAPURA POILCE STATION RESPONDENT

INDEX

Sl.
PARTICULARS Page No.
No.
1. Memorandum of Criminal Miscellaneous Petition Under
Section 438 of Code of Criminal Procedure
2. Annexure-A and B: Certified Copy of FIR and Complaint
3. Annexure-C : The Photo of the Petitioner entering the
GYM at 07. 43 PM on 10.02.2021
4. Annexure-D: The photo of the Petitioner exiting the GYM
at 09. 16 PM on 10.03.2021
5. Annexure-E : The C.D of the CCTV footage of the
Petitioner being in GYM
6. Annexure-F: The Photo of the Petitioner with his wife and
children
7. Annexure-G: The Aadhar card copy of the Petitioner
8. Vakalath
9. Process Memo and Respondent copy

Place: Bangalore
Date: Advocate for Petitioner

IN THE COURT OF PRINCIPAL CITY CIVIL AND SESSIONS JUDGE

AT BENGALURU
 CRIMINAL MISCELLANEOUS PETITION ___________/2021

BETWEEN

MR. VIKRAM
PETITIONER/ACCUSED NO.4

AND

STATE OF KARNATAKA
BY SIDDAPURA POLICE STATION RESPONDENT

MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION UNDER

SECTION 438 OF CODE OF CRIMINAL PROCEDURE.

The Petitioners above named humbly submits as follows:

1. The address of the Petitioner for the purpose of issuance of court notices and
summons the address of the Petitioners given in the cause title is correct and
sufficient and it may also be served to their counsel Paul Dhinakaran.
Mohamad Jamal Sait, Advocates, No.5, 1/1, Sujatha Complex, 1st Main,
Gandhinagar, Bengaluru-560 009.

2. The address of the Respondent for the purpose of the service of summons,
notices, is as furnished in the cause title. The respondent is represented by
Public Prosecutor, City Civil court Complex, Bangalore.

3. Respondent Police have registered a case based on the Complaint dated

10.03.2021 lodged by Smt. Sumathi, in Crime No. 53/2021 against the
Petitioner and others for the offences under Section 120B, 143, 144, 147,
148, 149 and 302 of the Indian Penal Code by the Siddapura Police Station.
The Petitioner has been arrayed as Accused No. 4 in this case. The
Certified Copy of the Complaint and FIR is produced here as ‘Annexure
-A’ and ‘Annexure- B’.

BRIEF FACTS OF THE CASE

4. It is alleged in the complaint that, the Complainant after finishing the
household work around 7.45 PM she reached home. The complainant has 3
children. After 10 minutes the complainant went to shop to purchase chicken
and reached back home after 15 minutes. The children were not present in
home, hence she went out in search of her children near three tree junction
bathroom. When the complainant was proceeding one small boy told the
complainant that some persons have beaten ‘Akash’. The complainant
panicked and went near the bathroom of three tree junction and saw that her
children Abita and Aditya were crying. After going further inside the
compliant saw her brother-in-law by name Pratap and his friend
Chandrashekar carrying the complainant’s son Akash from bathroom. Soon
the people started gathering and the complainant’s son Akash was badly
injured on head and blood was flowing. The complainant, her brother in law
and Naveen soon arranged for auto and took the injured Akash to the
NIMHANS Hospital along with them.

5. It is alleged that the Doctors at NIMHANS Hospital declared that Akash

died on the way to the hospital. Further the complainant alleges that her son
Akash was severely hit on head, stabbed on the chest, stomach and back of
the body. When she enquired about the incident she learnt from her area’s
Surya and her Brother-in-law that her area’s Sharath and his friends
Ritesh, Vinod, Vikram (Petitioner), and others have assaulted the
complainant’s son on head and stomach near three tree junction’s public
toilet.

6. The complainant further submits in her complaint that her husband and
Ritesh (A-1)’s brother Rajavelu, were friends and they frequently used to go
out for having alcoholic drinks. During this years January one night, when
the complainant’s husband and Rajavelu were present in Sudam Nagar,
Rajavelu suffered from Fids (Seizures) and the said Rajavelu fell.
Complainant’s husband soon took Rajavelu to Bowring Hospital for
treatment but unfortunately at the same night Rjavelu died. When the
Rajavelu’s brother Ritesh and his relatives came to the hospital, they
accused the Complainant’s husband of killing the Rajavelu and a complaint
is registered by the Wilson Garden police about the death of Rajavelu.
 7. After 3 days of death of Rajavelu, his dead boy was brought near his
brother’s home and even at that time also Hitesh (A1) and his relatives
accused the complainant’s husband of killing Rajavelu and threatened with
dire consequence with life to the family of the complainant. Hence, the
complainant’s husband was not coming home due to fear, but still Ritesh
and his peoples used to come to the house of the complainant and
threatening that they will not spare the complainant and will teach a lesson
to the family of the complainant.

8. Finally, the complainant has alleged that since on account of Rajavelu’s

death, his brother Ritesh was planning to kill the complainant’s husband and
members’ of the complainant. Hence, today at T. Mariyappa Road, Three
Tree Junction near sulabh sauchalya, Ritesh and his friends Sharath, Vinod,
Vikram have ambushed and when the complainant’s son Akash went to
toilet at 8.30 PM, the accused persons have assaulted on head, and stabbed
on stomach, chest and back and killed the Akash. Hence prayed for initiation
of legal proceedings against the accused persons.

GROUNDS

9. It is humbly submitted that, the bail is the rule and jail is the exception, bail
or jail at the pretrial or post-conviction stage depends on the hinges of the
bench known as Judicial discretion.

10. It is humbly submitted that, it is a case of circumstantial evidence and in

fact the complainant in the complaint accused the petitioner based on
the hearsay of the Sharath and her brother in law.

11. It is humbly submitted that, according to the prosecution the time of

incident was between 8.30 PM to 8.35 PM on 10.03.2021 and the Petitioner
was at that time in Aditya GYM at Bangalore. The Petitioner was doing
exercises at the GYM from 07.43 PM to 09.16 PM on 10.03.2021. The
Photo of the Petitioner entering the GYM at 07. 43 PM on 10.02.2021 is
herewith produced and marked as Annexure-C. The photo of the Petitioner
exiting the GYM at 09. 16 PM on 10.03.2021 is herewith produced and
marked as Annexure-D. The CD of the CCTV footage of the Petitioner
 being in GYM is produced as Annexure-E. The Aadhar card copy of the
Petitioner is herewith produced and marked as Annexure-G.

12.The Petitioner submits that he is innocent and has not committed any
offence as alleged in the Complaint. The Respondent Police have falsely
registered a case without ascertaining facts of the case & wrongly
proceedings with the arrest of the Petitioner.

13.It is the case of the prosecution that the Ritesh (A-1) and other have killed
the Akash at Three Tree junction in order to avenge the death of the
Rajavelu brother of the Ritesh. It is humbly submitted that the Petitioner has
no intention/ motive to kill the Akash. Further there is no specific allegation
against the Petitioner/Accused No.4 and no role has been described in the
complaint and FIR.

14.The Petitioner is working in a private company to earn his livelihood and he

has no criminal backgrounds & antecedents. There is also no criminal case
pending against the Petitioner.

15. The Parents, wife and two children of the Petitioner are completely
dependent upon the income of the Petitioner, and if the Petitioner’s Bail is
rejected then they are not able to make a living and may lead a life in
destitution. The Photo of the Petitioner with his wife and children is
herewith produced as Annexure-F.

16.The Petitioner submits that there are no reasonable grounds to believe that
the Petitioner have committed an offence.

17. The Petitioner submit that, he is only bread winners in the family and if the
Petitioner did not re-join their employment on account of arrest, they may
lose the job & ultimately their family would be brought to streets. Further,
during these pandemic times of Covid-19 the family members of the
Petitioners are finding it difficult to make a living.
 18. During this pandemic situation, there is also a greater risk to the Petitioner
of getting exposed to the Covid-19 virus due to the incarceration.

19. The Petitioner submit that, they are permanent residents of the address
mentioned in the cause title and they have deep roots in the society, and they
will not flee from justice.

20.The Petitioner are ready to co-operate with the investigation or whenever

called by the investigation officer pertaining to this case.

21. The Respondents are making hectic efforts to arrest the Petitioner and they
are threatening the wife of petitioner to arrest her, in case the petitioner does
not come to police station. The Respondent police visited the house of the
Petitioner at odd hours on 18.02.2021 and threatened the petitioner to put in
lock up.

22.The Petitioner craves the leave of the Hon’ble Court to raise additional
ground or produce relevant documents during the course of the above case
as and when the same is produced.

23. The Petitioner further submit that they are ready and willing to abide by the
any conditions that may be imposed by this Hon’ble Court.

24. The Petitioner submits that, they have not filed any other Petition pending
similar to this Petition.

WHEREFORE the Petitioner above named pray that this Hon’ble court may be
pleased to grant an Order of anticipatory bail to the Petitioner, by directing the
respondent police to release the Petitioner on bail in the event of his arrest in
Crime No.53/2021 of Siddapura Police, for the offences under Section 120B,
143, 144, 147, 148, 149 and 302 of the Indian Penal Code, on the file of II Addl.
Chief Metropolitan Magistrate at Bangalore in the interest of Justice.

Place: Bangalore
Date: Advocate for Petitioner