KABC010219382023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 26th day of August 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.7933/2023
PETITIONER
Abhishek
S/o Niranjan,
Aged about 28 years,
C/o Shrinivasa P.G.,
Opp. Bommanahalli Police
Station, Ropena Agrahara,
Bengaluru Ц 560 068.

:
(By Sri.Jagadeeshappa Gowda
K.R., Advocate)
– Vs RESPONDENT
:
State by Bommanahalli Police
Station, Bengaluru.
(By Public Prosecutor)
ORDER
The petitioner has filed this petition u/s 438 of
2
Crl.Misc.No.7933/2023
Cr.P.C., for his release on bail in the event of his arrest
in connection with a case registered in Cr.No.37/2020
(CC No.14492/2021) of respondent Police Station for
the offences punishable u/s 406 and 408 of IPC.
2.

It is stated in the bail application that the
petitioner is innocent and has not committed any
offences as alleged in the complaint. There was a
misunderstanding between the employees of Mittal
Clothing Pvt. Ltd., particularly with the Manager, hence
he has filed this false complaint. The offences alleged
against the petitioner are not punishable either with
death or imprisonment for life and are triable by the
Court of Magistrate. The complainant is the uncle of the
petitioner. The petitioner is a permanent resident of
Bengaluru, has deep roots in the Society. He is ready
and willing to abide by the terms and conditions
imposed while releasing him on bail. In view of
registering of FIR, he apprehends his arrest. Hence,
prayed to grant anticipatory bail.
3.

The learned P.P. has opposed the bail application
by filing the objections statement. According to him, the
materials collected during the investigation prima-facie
disclose that the petitioner has committed the offence
alleged against him. Hence, prayed to dismiss the bail
3
Crl.Misc.No.7933/2023
petition filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
materials placed on record.
5.

The points that arise for my consideration are:
1. Whether the petitioner is entitled for
anticipatory bail as prayed in the petition
filed under Sec.438 of Cr.P.C.?
2. What order?

6.

My answer to the above points are as follows:
Point No.1: In the affirmative
Point No.2: As per final order for the following;
REASONS
7.

Point
No.1:-
One
Sri.Yogesh
complaint against the petitioner.
complaint,
the
FIR
was
Babu
lodged
On the basis of the
registered
and
the
IO
investigated the matter and filed charge-sheet. As per
the charge sheet the complainant is the employer and
the petitioner is the employee working under the
complainant. On 29.01.2020 at about 04.30 p.m., one
Mr.Jithesh of Geethanjali Silks, Chickpete, called the
complainant and asked him to come over as he has
received two cheques for discount in the name of
Harikrishna Printers and the person called Shivakumar
who brought the same was a stranger and therefore, he
4
Crl.Misc.No.7933/2023
has suspicion on that person. The said stranger was
sent by the petitioner to get the cheques discounted.
Thereafter, on enquiry, came to know that the petitioner
has sent the said cheques through the stranger and
therefore, he called the mobile of petitioner, at that time
came to know that petitioner being the employee of the
complainant
by
misusing
the
Company
cheques,
committed the criminal breach of trust and attempted
to draw the amount. In view of filing fo charge sheet for
the non-bailable offence, the petitioner apprehends his
arrest.

Hence,
filed
this
petition
seeking
the
anticipatory bail.
8.

At the outset it is material to note that except
offence punishable u/s 420 of IPC other offences are
bailable in nature. Though Sec.420 of IPC is non
bailable in nature, is not punishable with death or life
imprisonment. The IO has completed the investigation
and filed the charge sheet. Therefore, the presence of
petitioner is not at required. The involvement of
petitioner is yet to be proved. The truth is to be
ascertained during the course of trial. Moreover, the
offences alleged against the petitioner are triable by
Court of Magistrate. The petitioner is ready to furnish
surety and ready to abide by the conditions that may be
5
Crl.Misc.No.7933/2023
imposed by this Court while passing the order. As per
the averments of bail application, the petitioner is the
permanent resident of the address shown in the
petition. The offences alleged against the petitioner are
cognizable offences and as per the provisions of Cr.P.C.
the I.O. may arrest the petitioners without warrant. The
apprehension of the prosecution can be taken care of by
putting suitable conditions. Having regards to the facts
and circumstances of the case, gravity of the offences
alleged, punishment prescribed for them, petitioner is
resident of Bengaluru and apprehension of the arrest of
the petitioner by the I.O. in the considered opinion of
this Court the petitioner is entitled to grant anticipatory
bail by imposing appropriate conditions. Accordingly, I
answer this point in the affirmative.
9.

Point No.2:- In view of my findings on Point No.1,
I proceed to pass the following;
ORDER
The bail petition filed by petitioner u/s 438 of
Cr.P.C is hereby allowed and anticipatory bail is
granted.
In the event of his arrest by the I.O. in Crime
No.37/2020 of Bommanahalli Police Station, is
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Crl.Misc.No.7933/2023
directed to enlarge him on bail on executing his
personal bond for Rs.70,000/- with one surety for
like sum subject to following conditions:
1. Petitioner shall appear before the respondent
police within 20 days from the date of this
order.
2. Petitioner shall not tamper with
prosecution witnesses in any manner.

the
3. Petitioner shall appear before the Court
during trial and co-operate for the disposal
of the case.
4. Petitioner shall not commit similar to the
offence alleged against him.
5. Petitioner shall appear before the I.O. as and
when called for investigation.
6. Petitioner shall furnish the attested copy of
his Adhaar card and present residential
address proof to the I.O.
Notwithstanding
this
order
of
anticipatory bail do not in any manner limit
or restrict the rights and duties of the police
or investigating agency, to investigate into
the charges against the petitioner.
(Dictated to the Judgment Writer directly on Computer, typed by
her, taken print out, corrected by me and then pronounced in the
open Court on this the 26th day of August 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.