KABC010235142023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 14th day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.8529/2023
PETITIONER
Anand.R
S/o Ramesh.M,
Aged about 22 years,
Residing at No.160,
Rajivgandhinagar, Laggere,
II Main, II Cross,
Bengaluru Ц 58.

:
(By Sri.Shivakumar.S, Advocate)
– Vs RESPONDENT
:
State by Subramanyanagar
Police Station, Bengaluru.
(By Public Prosecutor)
ORDER
The petitioner has filed this petition u/s 438 of
Cr.P.C. for release on bail in the event of his arrest in
2
connection
with
a
case
Crl.Misc.No.8529/2023
registered
in
Crime
No.175/2023 for the offence punishable u/s 381 of IPC.
2.

It is stated in the bail application that the
petitioner
has
not
committed
the
offence.

The
complainant has filed this complaint as the petitioner
and other workers asked for enhancement in the salary
and other allowance. The complainant in order to take
revenge
on
the
petitioner,
has
filed
the
present
complaint. He is the permanent resident of Bengaluru.
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 offences
alleged against him. Hence, prayed to dismiss the bail
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
3
Crl.Misc.No.8529/2023
anticipatory bail as prayed in the
application 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.Ashish G. Purohith lodged a
complaint before the respondent/Police on 19.08.2023
against the petitioner.

The complainant is running
Hardware Shop in the name of Sri Shyam Enterprises
at Dr.Rajkumar Road, Bengaluru. In the complainantТs
shop there are number of workers and the timing of the
working hours of the shop is from 09.30 a.m. to 07.30
p.m. Since several months, some items were missing in
the shop of the complainant. On 12.08.2023, the
complainant opened the shop at 09.30 a.m., and
started the business. All the workers including the
petitioner were attended the work. As the items in the
shop are missing, he verified the CC TV Camera fixed in
the shop and noticed that on 12.08.2023 at about
10.00 a.m., the petitioner took two boxes of hinges and
two drawer boxes in an Auto rickshaw and sent away.
The said scene has been captured by the CCTV.

On
4
Crl.Misc.No.8529/2023
enquiry, the petitioner pleaded guilty and has informed
that due to financial problem, he has taken the said
boxes and assured to return the said boxes and went
away. Thereafter, he did not turned up towards the
shop. Even he did not pick the phone call of the
complainant. From two months, without knowledge of
the complainant, the petitioner has taken hardware
items worth of Rs.2 lakhs. Hence, complainant has filed
the complaint against the petitioner to take necessary
action.
9.

At the outset it is material to note that the offence
punishable u/s 381 of IPC though is non bailable in
nature,
is
not
punishable
with
death
or
life
imprisonment. The incident alleged to have committed
on 12.08.2023. The complaint is filed on 19.08.2023.
There is inordinate delay in filing the complaint. The
involvement of petitioner is yet to be proved. The
incident alleged to have taken place is captured in CC
TV fixed in the complainants shop. Therefore, there is
no question of tampering the CC TV footage. The truth
is to be ascertained during the course of trial. Moreover,
the offence alleged against the petitioner is 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.8529/2023
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 offence alleged against the petitioner is
cognizable offence and as per the provisions of Cr.P.C.
the I.O. may arrest the petitioner 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 offence
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 for grant of
anticipatory bail by imposing appropriate conditions.
Accordingly, I answer this point in the affirmative.
10. 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.175/2023
of
Subramanya
Nagara
Police
6
Crl.Misc.No.8529/2023
Station, is directed to enlarge him on bail on
executing his personal bond for Rs.60,000/- 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 14th day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.