KABC010217802023
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU
Dated this the 5th day of September, 2023
Present:
Shri Muralidhara Pai B.
B.Com., LL.B.

Principal City Civil and Sessions Judge,
Bengaluru.
Crl. Misc. No. 7863/2023
Petitioner
:
Arpita U. Patil,
D/o. Udaya Patil,
Aged about 28 years,
R/at No. 1670, Sector No.8,
Anjaneyanagar, Hukkeri,
Belagaum – 590 016.
(By Sri M.K. Venkatesh, Advocate)
Vs.

Respondent
:
The State of Karnataka,
by Marathahalli Police Station,
CCB (EOW), Bengaluru.
[By Sri Chinnavenkataravanappa,
Public Prosecutor]
ORDER
This is a petition under Section 438 of Criminal
Procedure Code praying to grant anticipatory bail and to
Crl.Misc.No. 7863/2023
2
direct the jurisdictional police to enlarge the Petitioner on bail
in the event of her arrest in Crime No. 251/2021 of
Marathahalli Police Station, in the ends of justice.

2.

The prosecution has filed objection to this petition
along with the report of the Investigating Officer.
3.

Heard learned Counsel for Petitioner and learned
Public Prosecutor.
4.

The
following
points
would
arise
for
the
consideration of this Court:
5.

1.

Whether the Petitioner is entitled for
anticipatory bail?

2.

What Order?

The findings of this Court on the above points are
under:
Point No.1:-
In the Affirmative;
Point No.2:for the following:
As per final order;
REASONS
6.

Point No.1:
Marathahalli
registered the case in Crime No. 251/2021
Police
against
have
one
Crl.Misc.No. 7863/2023
3
Mallappa and others for the offenses punishable under
Sections 419 of Indian Penal Code, Section 38 &
Karantaka
Money
Lenders
Act,
1961,
Section
41 of
66
of
Information Technology Act, 2000, Sections 3, 4, and 5 of
Karantaka Prohibition of Charging
Exorbitant Interest Act,
2004 and Section 21 of Banning of Unregulated Deposit
Schemes Act, 2019, based on a complaint/report of Sri J.
Manju, Police Inspector, of CCB-EOW, Bengaluru City.
7.

In the complaint/report of the Informant it is
stated that based on credible information and as per the
instructions of ACP of CCB-EOW when the Informant went to
the spot and made inquiries he came to know about lending
of soft loans in the name of Licorise Technology Private
Limited by using mobile apps such as Cash Master, Kracy
Rupees and recovering exorbitant interest by giving threat
calls and insulting the borrowers, using Telecaller employees
and that the accused persons are also collecting investments
in the name of Fesolo Private Limited.

Crl.Misc.No. 7863/2023
4
8.

The
Petitioner
has
maintained
this
petition
praying for anticipatory bail in the case on the ground that
the jurisdictional police have arraigned her as an accused in
the case and they are making hectic efforts to arrest her
though she is innocent of the alleged offenses. As such she
has prayed to allow the petition on the ground that she is
ready to abide by any condition imposed by the Court.
9.

In their objection the prosecution has stated that
the Petitioner was the Director of accused-Company namely
Fincred
Technology
Solutions
Private
Limited
from
16.11.2019 to 10.11.2020 and she is not co-operating with
the Investigating Agency in spite of service of notice issued
under Section 41-A of Cr.P.C.

10.

On the other hand, the Petitioner has produced
copy of Appointment Letter dated 3.10.2019 issued by
Authorized Signatory of Teamroll Inc in favour of the
Petitioner
deputing her to Prospect Technology Private
Limited under contract of employment as Credit Analyst. She
has produced one more letter of employment dated 1.5.2020
Crl.Misc.No. 7863/2023
5
issued by Manx HR Solutions in her favour by deputing her to
work at Licorice Technology Private Limited, Bengaluru with
effect from 1.5.2020. Further she has produced a Relieving
cum Experience Certificate issued by her employer for having
worked at Licorice Technology Private Limited from 3.10.2019
to 2.11.2021. It is to be noted that the Prospect Technology
Private Limited was renamed as Licorice Technology Private
Limited. Thereby the documents produced by the Petitioner
prima-facie indicate that she was working as an employee in
Licorice Technology Private Limited.

11.

Added
to
the
above,
the
Petitioner
has
categorically stated that she is ready and willing to abide by
any terms and conditions that may be imposed by the Court.
The documents available on record go to show that the
Investigating Agency has issued a notice to the Petitioner
herein under Section 41-A of Cr.P.C. on 29.5.2023 asking her
to appear before Investigation Officer on 9.6.2023. In the said
circumstances, this Court does not find any substance in the
allegation against the Petitioner about her attempt to avoid
Crl.Misc.No. 7863/2023
6
the Investigating Agency.

In the above circumstances, this
Court holds that the Petitioner has made out valid grounds to
allow the petition. Accordingly, Point No.1 is answered in the
affirmative.

12.

Point No.2: In the result, this Court proceeds to
pass the following:
ORDER
The
petition
filed
under
Section
438
of
Criminal Procedure Code is allowed.
The Petitioner shall be released on bail in the
event of her arrest in Crime No.251/2021 of
Marathahalli Police Station, now being investigated
by EOW, CCB, Bengaluru, subject to following
conditions:
1.

The Petitioner shall execute a personal
bond for Rs.2,00,000/- along with a surety
for the like sum, to the satisfaction of the
concerned Investigating Officer.

2.

Initially, the Petitioner shall appear before
the
Investigation
Officer
on
or
before
Crl.Misc.No. 7863/2023
7
19.9.2023 and co-operate with further
investigation in the case.
3.

The Petitioner shall furnish her mobile
number and e-mail I.D. to the Investigation
Officer on or before 19.9.2023 for receiving
any notice or communication from the
Investigation Officer or the Court as the
case may be.

4.

The Petitioner shall not hold any threat to
or lure the prosecution witnesses in any
manner.

5.

The
Petitioner
shall
not
change
her
residence pending disposal of the case
without prior permission of the Court.
6.

The Petitioner shall furnish a self attested
copy
of
her
passport
if
any
to
the
Investigation Officer on or before 19.9.2023.
7.

The Petitioner shall not leave the Country
pending disposal of the case without prior
permission of the Court.

8.

The Petitioner shall produce address proof
document such as Voter’s ID or Aadhaar
Crl.Misc.No. 7863/2023
8
Card pertaining to her and her surety at
the time of executing bail bonds.
(Dictated to the Judgment Writer directly on the computer,
typed by her, then corrected and pronounced by me in the
Open Court on this the 5th day of September, 2023).

(Muralidhara Pai B.)
Principal City Civil & Sessions Judge,
Bengaluru.