IN THE COURT OF CITY CIVIL AND SESSION JUDGE AT

BANGALORE.

CRIMINAL MIS. NO. /2008

IN
CRIME NO. 2/2008
BETWEEN:
1. SRI. MUNIRAJU
Aged about 29 years,
S/o Sri. Muniyappa

2. SRI. RAMACHANDRA
Aged about 28 years,
S/o Sri. Muniyappa

Both are residing at

Dasarahalli,
Sidartha Badavane,
H.A. Form Post,
Bangalore-560 024. …PETITIONERS

V/s
STATE OF KARANTAKA
BY AMRUTHHALLI POLICE STATION
BANGALORE …RESPONDENT

THE CRIMINAL MISCELLANEOUS PETITION UNDER SECTION

438 CODE OF CRIMINAL PROCEDURE, The
petitioners/accused above named as hereunder :

1. The address of the petitioners for the purpose

of service of court notice, summons, process,
etc., is as shown in the cause title and that of
the petitioners may also serve through their for
advocate H.S. RAMAMURTHY & ASSOCIATES, No.27/31,

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Opp. 10th Cross, Cubbonpet Main Road, Bangalore-

560 002.

2. The address of the respondent for the purpose of

service of court notice, process, summons, etc.,
is as shown in the cause title.

3. The petitioners respectfully submit that the

petitioners are the Accused No.1 & 2 in Crime
No. 2/2008, registered by the respondent police.

4. The Petitioners submit that, the case of the

complainant that one Sri. Chandru, S/o
Shivalingaiah appeared before the respondent
police on 29-06-2008 at about 9-00 PM contending
that he was working as a Casher in N.S. Bar &
Restaurant at Amruthahalli. On that day the
petitioners came to the bar and took drinks and
complainant has made a bill for Rs.550/- and
requested them to pay the same. In turn the
petitioners saying that they are the residents
of Dasarahalli and in turn beaten the
complainant, the complainant questioning about
their using of language and beaten the
complainant. Then the petitioners have shouted
to the complainant and threatened him as “who
are you to ask the bill and we are belongs to
Dasarahalli and further contended the second
petitioner all of a sudden by using the beer
battle and made an attempt to stub to his
stomach and complainant prevented the same. In

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the meanwhile the first petitioner for a holding

the beer battle has beaten the complainant on
his chest. Due to the brokerage of the beer
battle the complainant got injured on his right
hand and others has pulled down the complainant,
in turn the second petitioner brought one stone
and made an attempt to put on his head. During
that time one Kumar who is working in the said
bar prevented to put the stone on his head, so
also the petitioners have damaged the panbeda
stall and they beaten other workers who are
working in the same bar and by showing the knife
threatened the complainant and others about
their lives and kept the said knife on his neck
and told the complainant if he lodge a compliant
to the police they won’t leave him and they went
away.

5. In this background complainant filed a complaint

before the police, the police have registered a
case against the petitioners/ accused for the
offence punishable under section 427, 323, 324,
506B, 143, 147, Section 148, Read with section
149 of I.P.C.

6. The petitioners aggrieved by a false compliant

registered against the Petitioner preferred this
Criminal Miscellaneous Petition before this
Hon'ble Court on the following among other
grounds.
GROUNDS

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7. The petitioners are innocent persons about the

alleged offence and falsely implicated the name
of the accused and registered a case against
them.

8. The owner of the N.S. Bar and Restaurant is a

follower of the Bharathiya Janatha Party, who
supported to the candidate of member of
Legislative Assembly of Byatarayanapura
Constituency.

9. The petitioners are belongs to Schedule Caste

have supported to the Congress Candidate of the
same Constituency in the earlier Assembly
Elections.

10. The complainant who are working in the N.S. Bar

and Restaurant who are supporters of the B.J.P.
Party having a political grudge on the
petitioners instigated the complainant to lodge
a false complaint to implicate the name of the
accused. As such, the complainant police
registered a false case against the petitioners.

11. There is any no such un-towards incidents as

alleged in the complaint and it is purely a
political grudges between the B.J.P. and Indian
Congress Party.

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12. There was no any differences between the

complainant and petitioners/accused earlier to
the Assembly Elections. After completion of the
election the B.J.P. Candidate who defeated in
the Byatarayanapura Assembly Constituency making
all sorts of illegal attempts to fix the
accused/petitioners in any criminal cases and
waiting for an opportunity. When the respondent
police station is recently open the
complainant’s bar owner who is well versed with
the police instigated the same to register the
criminal case against the petitioners. Except
that no such alleged offence committed by these
petitioners.

13. The petitioners having good reputation in the

society also among the relatives.

14. The petitioners are permanent residents of

Bangalore City and they are law-abiding citizens
and they undertake to appear before the Trial
Court or the Investigation Officer as and when
it requires.

15. The respondent police often and often visiting

the house of the petitioners to arrest them. As
such they have approached this Hon'ble Court for
anticipatory bail.

16. The petitioners abide if any terms and

conditions imposed by this Hon'ble Court.

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17. The Petitioners are under take to furnish

solvent surety for their regular appearance
before the Trial Court or Investigation Officer.

Wherefore, the petitioners prays this Hon'ble

Court be pleased to grant a anticipatory bail to the
Petitioners in Crime No. 2/2008 offence punishable
under section 427, 323, 324, 506B, 143, 147, Section
148, Read with section 149 of Indian Penal Code, and
to enlarge on bail by imposing any terms and
conditions, to pass such other suitable order in the
interest of justice and equity.

Bangalore.
Date: Advocate for Petitioners

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