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Judgment
Shivashankar Amarannavar, J
Crl.A.No.832/2024 is filed by accused No.4 (as per F.I.R) and Crl.A.No.843/2024 is filed by accused Nos.3, 7, 8 and 9 (as per F.I.R), challenging the orders passed on their bail petitions, both dated 04.05.2024 passed in Crl.Misc.Nos.685/2024 and 748/2024 filed in respect of Crime No.14/2024 of Channarayapatna Police Station of Devanahalli Taluk, Bengaluru Rural District, Bengaluru.
Learned senior counsel for the appellants has filed a memo with a copy of the charge sheet. A perusal of the charge sheet would reveal that accused No.4 in the F.I.R has been arraigned as accused No.13 and accused Nos.3, 7, 8 and 9 have been arraigned as accused Nos.2 to 4 and 6 in the charge sheet. The Trial Court passed orders on the bail petitions considering the F.I.R and the other investigation papers as the charge sheet was not filed as on the date of the impugned orders. As the charge sheet is now filed, the appellants herein are at liberty to approach the Trial Court seeking bail.
Learned senior counsel for the appellants submits that the appellants will file the bail petitions by tomorrow itself. He further submits that after filing the bail petitions, a considerable time would be consumed in service of notice to respondent No.2 (defacto complainant). To avoid consumption of time in service of notice to respondent No.2 (defacto complainant), he be directed to appear before the Trial Court ie., II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru on 19.06.2024.
Respondent No.2 is present before the Court and he is directed to appear before the Trial Court on 19.06.2024 in the bail petitions to be filed by accused Nos.2 to 4, 6 and 13 (as per the charge sheet). Respondent No.2 who is present before the Court submits that his Cell Number is 7022098380 and it is also his WhatsApp number. Learned senior counsel for accused Nos.2 to 4, 6 and 13 has to send the petitions copies to respondent No.2 through WhatsApp on the date of filing of the petitions seeking bail. Respondent No.2 is directed to file his statement of objections, if any, to the bail petitions on the date of his appearance ie., on 19.06.2024.
Learned senior counsel for accused Nos.2 to 4, 6 and 13 is also directed to serve advance copies to the Public Prosecutor attached to II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.
Learned Sessions Judge presiding over II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru has to hear the arguments and dispose of the bail petitions to be filed by accused Nos.2 to 4, 6 and 13 on or before 25.06.2024.
In view of the above, both the appeals are disposed of, with liberty to the appellants, as noted above, to file the bail petitions before the Trial Court.
The Trial Court shall not be influenced by the observations made by it while passing the impugned order and it has to consider the charge sheet material while disposing of the bail petitions filed by the accused.
Send a copy of this order to the Trial Court by today evening.