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Crl.Misc.8206/2023
KABC010225872023
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 04 th day of September 2023
:PRESENT:
Sri.Sabappa, B.Com., LLB (Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
CRIMINAL MISCELLANEOUS No.8206/2023
PETITIONERS :
1.

Arvind R.H,
S/o Late B. Rangaraj,
Aged about 71 years,
R/at No.19, 13th Cross,
6th Main, BTM Layout II Stage,
Bannerghatta Road, Bengaluru South,
Bengaluru Ц 560 076.

2.

Smt. Meghana Arvind,
W/o G.Pavan Kumar,
D/o Arvind R.H,
Aged about 36 years,
R/at No.19, 13th Cross,
6th Main, BTM Layout II Stage,
Bannerghatta Road,
Bengaluru South, Bengaluru Ц 560 076.
(By Sri. S. Dorai Babu, Adv.,)
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Crl.Misc.8206/2023
V/s
RESPONDENT
:
State by;
Konanakunte Police Station,
Bengaluru.

(Represented by Public Prosecutor)
ORDER ON BAIL PETITION U/SEC.438 OF CR.P.C.
This petition is filed by the petitioners under Sec.438 of
Cr.P.C., seeking anticipatory bail in the event of their arrest in
connection with Cr.No.294/2023 registered by the Konanakunte
Police, for the offences punishable under Secs.447, 420, 504,
506 r/w 34 of I.P.C.
2.

The brief facts of the case of the petitioners is that, the
respondent police registered case in Cr.No.294/2023 against the
petitioner and others on the basis of the complaint lodged by one
Sri. Gopal.K. It is alleged in the complaint that, the complainant has
purchased site No.104, khatha No.48, Kothanur Village, Uttarahalli
Hobli, Bengaluru South Taluk through GPA by his vendor
M.C.Thyagarajau and complainant was in possession of the said
land. Thereafter, complainant issued GPA to his friend Anand
Gowda to look after the site as he was far away from the site. The
complainant was not able to visit his site from past 6-8 months.
During that period the accused person trespassed into the property
of the complainant and started constructing residential house. After
verification of the title deeds accused No.1 has sold the site in
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Crl.Misc.8206/2023
favour of accused No.2 Usha Venkatesh and in turn accused No.2
sold the said site to accused No.3 Arvind.R.H. Thereafter, accused
No.3 executed Gift Deed in favour of his daughter accused No.4.
Thereby, all the accused persons have colluded with each other
and planned to knock of his property. Hence, the complaint.
Therefore, the petitioners are apprehending their arrest by the
respondent
police.

Hence,
they
filed
this
anticipatory
bail
application.
3. The grounds urged by the petitioners are as under.
The petitioners submitted that, they are innocents of the
alleged offences. They have been falsely implicated in this case.
The nature of dispute is civil in nature. The respondent police must
have done preliminary enquiry before registering the FIR against
the innocent petitioners. There is enormous delay in filing the
complaint. Petitioner No.1 is a retired Central Government servant
at ISRO, under Ministry of Space as Admin Head and petitioner
No.2 is a Software Engineer. The petitioner No.1 had purchased
site No.104 in the year 2003. Since then he is in possession of the
said site and he had executed gift deed in favour of his daughter
petitioner No.2 in the year 2017. The petitioner No.2 with her
husband obtained bank loan of Rs.58 lakhs and started
construction in the said site for past 1╜ years. The petitioners are
ready and willing to abide by any conditions imposed by this Court.
They are ready to co-operate for the investigation. The alleged
offences are not punishable with death or imprisonment for life they
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Crl.Misc.8206/2023
are ready to furnish surety to the satisfaction of the Court. They are
permanent residents of Bengaluru. Hence, sought for grant of
anticipatory bail.

4.

The learned Public Prosecutor has filed objections to
the bail petition along with the report of the P.S.I, Konankunte police
station contending that, the petitioner since from the date of incident
have absconded and not secured for investigation. In the objections
the learned Public Prosecutor has narrated the facts as stated in
the FIR. The investigation of the case is under progress. The I.O is
yet to record the statement of the accused persons. The petitioners
are involved in the alleged offences. The I.O has to collect the
documents from the concerned department. If the petitioners are
granted bail, there is every chance that they may abscond and not
co-operate with the investigation and may tamper the evidence.
Therefore, the P.P has sought for rejection of bail.
5.
6.

Heard both sides. Perused the materials on record.
The points that arise for my consideration are:
1. Whether the petitioners have made out
sufficient grounds for grant of anticipatory bail
as sought for?
2. What order?

7.

My findings to the above points are as follows:
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Crl.Misc.8206/2023
Point No.1 :
In the Affirmative,
Point No.2 :
As per final order,
for the following;
REASONS
8.

POINT No.1: On perusal of the bail petition and
objection statement it is noticed that, the respondent police
registered case in Cr.No.294/2023 against the petitioners for the
offences punishable Secs.447, 420, 504, 506 r/w Sec.34 of
I.P.C. The learned counsel for the petitioners vehemently argued
and submitted that, the petitioners are not involved in the
commission of the offences. The 1st petitioner purchased site
No.104 in the year 2003 and since then he is in possession of the
said property and thereafter he has executed Gift deed in favour of
his daughter i.e., petitioner No.2. The dispute between the
petitioners and the complainant is regarding immovable property.
The complainant as falsely implicated the petitioners in this case.
The alleged offences are not punishable with death or imprisonment
for life. They are permanent residents of Bengaluru. They are ready
to abide by any conditions imposed by this Court.
9. The prosecution contended that, the investigation is going
on. The petitioners are involved in the commission of the offence.
The petitioners are required for interrogation. I.O requires the
petitioner for recording their statements and collecting the
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Crl.Misc.8206/2023
documents. At this stage, if the petitioners are granted bail, there is
every chance that they may abscond and not co-operate with the
investigation and may tamper the evidence. Thereby, the petitioners
are not entitled for bail.
10. I have gone through the bail petition and documents. On
perusal of the complaint, FIR, sale deed, gift deed and other
documents, it is noticed that the dispute between the complainant
and petitioners is regarding immovable property. The petitioners
stated that first petitioner purchased site No.104 in the year 2003.
Later on, he has executed the Gift Deed in favour of his daughter
i.e., petitioner No.2 in the year 2017. The allegations made by the
prosecution is not holds good. Moreover, the alleged offences are
not punishable with death or imprisonment for life. The alleged
offences are triable by the Magistrate Court. The documents relied
by the petitioners reveals that the first petitioner purchased the site
No.104 under registered sale deed. Later on, he has executed Gift
Deed in favour of 2nd petitioner in the year 2017. Thereby, at this
stage based on the documents relied by the petitioners one thing is
clear that the petitioners have already mortgage the said site No104
before TATA Capital and obtained loan. At this stage, it is not
possible to ascertain that whether the petitioners have created the
documents and obtained the property. In order to ascertain the
reality it requires trial. Thereby, at this stage this Court feels that, if
some conditions are imposed on the petitioners and enlarged them
on bail, it will protect the interest of the prosecution. Otherwise, the
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Crl.Misc.8206/2023
petitioners will be put to irreparable loss and injury. The complainant
has alleged in the complaint that, the petitioners have encroached
site No.104, katha No.48. In case any encroachment is made, the
complainant has to approach the Civil Court by filing civil suit. At
this stage, it is noticed that on the basis of the complaint, the police
registered the case. Moreover, the contents of the complaint and
other documents reveals that there is a civil dispute between the
parties. Thereby, at this stage this Court feels that the petitioners
have made out sufficient grounds to enlarged them on bail.
11. At this juncture, this Court feels that, while considering
the prayer for grant of anticipatory bail, a balance has to be struck
between two factors namely, no prejudice should be caused to the
free, fair and full investigation and there should be prevention of
harassment, humiliation and unjustified detention of the accused. In
view of the above discussion, I come to the conclusion that at this
stage the petitioners have made out sufficient grounds to enlarge
them on bail. The petitioners are permanent residents of address
mentioned in the cause title. They are ready to abide by any
conditions imposed by this Court. At the same time, I would like to
mentioned that, bail is a rule jail is exception. Thereby this court
come to conclusion that if some stringent conditions are imposed
on the petitioners and granted bail, the apprehension of the
prosecution could be safeguarded. Otherwise the families of
petitioners will be put to humiliation. Accordingly, I have answered
point No.1 in the Affirmative.

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12.

POINT NO.2:
Crl.Misc.8206/2023
In view of my findings point No.1, I
proceed to pass the following:
ORDER
Bail petition filed by the petitioners under
Sec. 438 of Cr.P.C is hereby allowed.
Petitioners are ordered to be released on
anticipatory bail in the event of their arrest in
Cr.No.294/2023 of Konanakunte P.S., on executing
their personal bonds for Rs.50,000/- each with two
sureties for the like sum on the following conditions.
1. The petitioners shall appear before the IO
within 15 days from the date of this order and cooperate for investigation.
2. The petitioners shall not tamper with the
Prosecution witnesses either directly or indirectly in
any manner.
3. They shall co-operate for investigation by the
concerned police and regularly appear before the
concerned court as and when required.
4. They shall not abscond from the ordinary
residence and they should furnish the address proof to
the concerned police.

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Crl.Misc.8206/2023
5. They shall not indulge in any kind of offence.
6. They shall not leave the jurisdiction of the
court without prior permission.
7. They shall mark the attendance in the
respondent P.S between 10.00 a.m to 6.00 p.m once
in a month i.e., on 2nd Sunday till filing of the final
report.
If any of the above conditions violated the IO is
at liberty to move for cancellation of bail.

(Dictated to the Stenographer, typed by her directly on
Computer, revised, corrected and then pronounced by me in the
open court on this the 4 th day of September, 2023)
(Sabappa)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.

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Crl.Misc.8206/2023
ORDERS PRONOUNCED IN THE OPEN
COURT, VIDE SEPARATE ORDER
Bail petition filed by the petitioners
under
Sec. 438 of Cr.P.C is hereby
allowed.
Petitioners are ordered to be
released on anticipatory bail in the event of
their arrest in
Cr.No.294/2023
of
Konanakunte P.S., on executing their
personal bonds for Rs.50,000/- each with
two sureties for the like sum on the following
conditions.

1. The petitioners shall appear before
the IO within 15 days from the date of this
order and co-operate for investigation.
2. The petitioners shall not tamper
with the Prosecution witnesses either
directly or indirectly in any manner.
3. They shall co-operate for
investigation by the concerned police and
regularly appear before the concerned court
as and when required.
4. They shall not abscond from the
ordinary residence and they should furnish
the address proof to the concerned police.
5. They shall not indulge in any kind
of offence.
6. They shall not leave the jurisdiction
of the court without prior permission.

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Crl.Misc.8206/2023
7. They shall mark the attendance in
the respondent P.S between 10.00 a.m to
6.00 p.m once in a month i.e., on 2 nd
Sunday till filing of the final report.
If any of the above conditions violated
the IO is at liberty to move for cancellation of
bail.

LXVIII A.C.C & S.J,
Bengaluru City.