IN THE COURT OF THE LXX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AND SPECIAL JUDGE,
BENGALURU(CCH-71)
Dated this the 4th day of September, 2023.
Present: Sri. Rajesh Karnam.K, B.Sc.,LL.B.,LL.M.,
LXX Additional City Civil and Sessions
Judge and Special Judge,Bengaluru.
Crl.Misc.No.8473/2023
PETITIONERS:
Amar Singh
S/o Balaji Singh,
Aged about 64 years,
R/at No.1, 1st Floor, 14th A Main,
Attiguppe, RPC Layout,
Vijayanagar, Bengaluru-40.
(Rep.by Sri.Mohan Kumar.D.,
Advocate).
-V/S-
RESPONDENTS:
1. The State of Karnataka
by Chandra Layout Police Station,
Bangalore.

2. Smt.Ashwinin
W/o of Manjunath,
Aged about 35 years,
R/at No.82, Makali,
Haroketanahalli Main Road,
Bangalore North Taluk,
Bengaluru-562 162.

( Rep. by Special Public Prosecutor)
ORDER
This petition is filed by the petitioner seeking regular
bail in the Cr.No.61/2023 as jurisdictional Chandra
Layout Police have registered for the offence punishable
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Crl.Misc.No.8473/2023
u/sec 397, 323,354, 406, 420, 504, 506 r/w 34
of IPC
and Sec.3(1)(r)(s) of Scheduled Castes & Scheduled
Tribes Act 1989.

2.

The case of complainant is that on 18.01.2019, the
accused No.1 had executed a Sale Agreement by
receiving Rs.7,50,000/- as an advance amount and
assured to execute the sale deed at the earliest. But the
accused No.1 never made an attempt to execute the
sale deed in favour of complainant. Therefore, the
complainant
and
her
husband
had
made
several
requests to accused to execute the same or to return
the amount, he refused to do the neither. On 11.01.2023
at about 11.15 am., the complainant and her husband
came near the house of the accused persons and
demanded for repayment of the amount, wherein
accused No.1 abused the complainant and her husband
in filthy language and made a castiest remarks towards
the complainant. Meanwhile, accused No.2 and 3
assaulted and pushed the complainant. Further, the
accused No.4 threatened the complainant with a knife
and snatched the gold chain from the complainant and
gave life threat. Accordingly, complaint got lodged.

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Crl.Misc.No.8473/2023
Infact, 164 statement of the complainant has been
recorded on the basis of same crime No.61/2023 came
to be registered. The petitioner being apprehended,
produced and remanded to judicial custody, accordingly,
he being innocent of the alleged offence has come up
with this petition.

3. The grounds of the petition are that the petitioner
innocent and law abiding citizen as such his is not at all
involved with any complicities of the alleged offences
but he has been falsely implicated in the case. There is
delay of 2 months in lodging complainant and it is after
thoughts,
discussions
and
deliberations
with
an
intention to keep the petitioner behind the bars. The
petitioner has got a valid and tenable defence and he is
a permanent resident of address given in cause title and
having deep roots in the society. If granted bail to the
petitioner, he would not abscond nor abuse the process
of law. The alleged offences are not punishable with
death or imprisonment for life. The petitioner is ready to
abide by the conditions that may be imposed by this
Court. Hence, he has forced to come up with this
petition.

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Crl.Misc.No.8473/2023
4.

After institution of this petition, the notice is ordered
to
be
issued
to
the
complainant
who
inturn
appeared before this Court and submits she will
proceed with the matter through learned Spl.P.P.
5.

As against above petition, the learned public
prosecutor submits detailed objections submitting
that the accused have committed the offences only
of being convenienced the 164 statement came to
be recorded. Accordingly, the accused deceived the
complainant and her husband about purchasing the
property, they are liable to answer since they have
abused the complainant and her husband in filthy
language and also assaulted. As such accused has
not entitled to get conditional bail.

6.

After issuance of notice, the complainant appeared
before the Court and she will proceed along with the
prosecution.

7.

In the case on hand, the Memo along with report
has been made by the counsel for accused that in
Writ
Petition
18995/2023(GM-RES)
482
dated
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Crl.Misc.No.8473/2023
31.08.2023 wherein the HonТble High Court of
Karnataka was pleased to stay the proceedings
namely FIR.
8.

Heard the arguments of both the sides and perused
the records.

9.

The following points arise for my consideration;
POINTS
1.

Whether the petitioner is entitled
bail u/s.439 of Cr.P.C.,?

2.
10.

What Order?

My answers to the above points are ;
Point No.1: In the УAffirmativeФ
Point No.2:
As per final order
for the following;
REASONS
11.

POINT
NO.1
:
The
learned
counsel
for
the
petitioner submits that the petitioner is permanent
resident of address shown in the cause title. There
is no any atrocious act done by the petitioner. When
the dispute is civil in nature, the provisions of
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Crl.Misc.No.8473/2023
invoking SC/ST does not arises. Accordingly, prayed
to allow the petition.
12.

Learned Special Public prosecutor submits that the
alleged offences are very serious, the petitioner is not
entitled for bail. The complainant has been threatened,
abused and humiliated the complainant by making
castiest remarks is not a falsehood. If the petitioner is
released on bail, he may indulged in committing similar
offences and accordingly seeks to dismissal of the
petition.

13.

On
going
through
the
materials
on
record
and
considering the nature of dispute, the allegations made
by the complainant are not punishable with death or
imprisonment for life. At this stage, if prayer of the
petitioner is considered to release them on conditional
bail by imposing stringent conditions will meets the
ends of justice, is a reasonable one. Moreover, on going
through the order of HonТble High Court of Karnataka in
Writ Petition No.19053/2023(GM-RES) 482 wherein the
HonТble Apex Court was stayed the proceedings namely
FIR. The record discloses that this petitioner is in
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Crl.Misc.No.8473/2023
judicial custody since the date of his arrest and his
detention is not required for further custodial
interrogation and his further detention should not
result in pre-trial detention. Accordingly, this court
is satisfied to consider the bail petition of the
accused by relying on citations placed by the
petitioner and on the basis dispute being of any civil
in nature the provisions of invoking SC/ST does not
arises is a reasonable prayer and accordingly, the
petitioner is entitled to grant of conditional bail.
Hence, points for consideration are answered in the
affirmative.

14.

Point No.2: In view of my findings on Point No.1 &
2, I proceed to pass the following;
ORDER
The Petition filed by the Petitioner
under Section 439 of Cr.P.C., is hereby
allowed.
Petitioner is ordered to be released on
regular bail in Cr.No.61/2023 on executing
his personal bond for Rs.1,00,000/- with
one surety of his relative on the following
conditions;
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Crl.Misc.No.8473/2023
1.

The petitioner shall regularly
appear before the IO as and
when he called for the purpose of
investigation.
2. The petitioner shall not tamper
with evidence and threaten the
witnesses directly or indirectly.
4. The petitioner shall not indulged
in any other offence.
If any of the above conditions violated, the IO
is at liberty to move for cancellation of bail.
(Dictated to the stenographer, transcription thereof corrected, signed and then
pronounced in open court on this the 4th day of September, 2023).

(Rajesh Karnam.K)
LXX Addl. City Civil and Sessions Judge
and Special Judge, Bengaluru.