1
Crl.Misc.No.7960/2023
KABC010220062023
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
: Present :
Sri.T.Govindaiah, B.Com., LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 22nd Day of August, 2023.
Crl.Misc.No.7960/2023
PETITIONER
Balaram Rana
S/o Prahallad Rana
Aged about 37 years
Presently R/at No.82,
2nd Cross, Balaji Layout
Near Unibic Biscuits Factory
Heggadevapura Village
Alur Road, Alur Post
Dasanapura Hobli
Bengaluru н562123
Permanently R/at Bansipatna
Bhairapura, basudebpur
Bhadrak
Odisha Stateн756125
(By Sri.Kumar M., Advocate)
Crl.Misc.No.7960/2023
2
V/s
RESPONDENT
State of Karnataka
By Chamarajpet
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
This is a petition filed by the petitioner under
Section 438 of Cr.P.C. for bail in the event of his arrest
in Cr.No.133/2023 for the offence punishable under
Sec.420 of IPC pending on the file of XXIV Addl. Chief
Metropolitan Magistrate, Bengaluru.
2. The petitioner has sought for anticipatory bail on
the grounds that, he is innocent of the alleged offence. He
has got valid and tenable defence. He has no knowledge
nor reasonable belief of the alleged offence. He has been
falsely implicated. He never involved in the alleged
offence either directly or indirectly. There is no specific
overt act attributed against the petitioner. No prima facie
case is made out against him. The petitioner is working
Crl.Misc.No.7960/2023
3
in AWL India Pvt., Ltd as a Assistant Manager. The
offences alleged are not punishable with death or life
imprisonment. He is a permanent resident of the address
mentioned in the cause title. He is ready to abide by the
conditions that may be imposed. He is ready to furnish
surety.
3. The prosecution has filed statement of objections
narrating the facts of the case. Further the alleged
offence is heinous in nature. If the petitioner is enlarged
on bail he would flee from justice, may not coнoperate
with
the
investigation.

He
may
tamper
with
the
prosecution witness and evidence. Prima facie case is
made out against the petitioner for the alleged offence.
Hence sought for dismissal of the petition.
4.

Heard the arguments of both sides.

5.

The
determination:н
following
points
arise
for
my
4
Crl.Misc.No.7960/2023
1. Whether the petitioner is entitled for
anticipatory bail as provided under
Section 438 of Cr.P.C.?
2. What order?
6. My findings on the above said points are as follows;
Point No.1
:
In the Affirmative
Point No.2
:
As per final order, for the
following :н
REASONS
7.

Point No.1:н The averments of the complaint is
that, the complainant was running Aryan Logistic
Transport business. The complainant have business at
Unibics from past one year, in that time one Balaram was
known to him. He was working as Assistant Manager in
the said company. In that time One Sreenath is working
in Unibic company as a driver who is introduced by the
Balaram. Later the complainant booked the lorries for
goods shipments, in that time said Sreenath agreed he
will send the vehicles as per the requirement of the
complainant and in this regard he took the commission
Crl.Misc.No.7960/2023
5
from the complainant. The complainant had paid the
amount
through
phone
pay.

From
01.10.2022
to
31.01.2023 the complainant had paid an amount of
Rs.5,00,000/н. The complainant is need of 10н12 vehicles
to transport the goods shipments and he has to pay
Rs.1.25 lakhs every day. Whe the complainant called the
accused No.2 for vehicle he stating that he is need of
vehicles for his company and he is confirm the booking
through whatsapp. Thereafter the complainant had paid
the amount of Rs.6.8 lakhs to Sreenath through phone
pay. On 03.02.2023 the complainant asked the delivery
proof for documentation purpose, in that the accused is
in hospital due to his father’s illнhealth, and informed he
will give delivery documents very soon. On suspicion the
complainant enquired the same with AWL company bout
the book of vehicles, at that time he came to know that
the
accused
No.1
Sreenath
paid
the
amount
of
Rs.2,00,000/н to owners of the vehicle and remaining
Rs.3,00,000/н misappropriation by the accused No.1.

6
Crl.Misc.No.7960/2023
immediately he approached the Sreenath, he assured
that he will repay the same within short period.
Thereafter the complainant called the accused No.1 his
mobile was switched off. Hence the complainant lodged
the complaint against the accused persons.
8.

As seen from the prosecution paper it is clear
that the alleged transaction is between the accused No.1
and the complainant. There is no role of accused No.2.
The offence alleged is not punishable with death or life
imprisonment and is triable by the learned Magistrate.
Whether the petitioner had any intention to cheat the
complainant and whether he has committed the alleged
offence is a matter of investigation. Further the petitioner
is a permanent resident of the address shown in the
petition and he has undertaken to abide by the
conditions that may be imposed. The apprehension of the
prosecution is that the petitioner may abscond and may
not coнoperate with the investigation. The apprehension
Crl.Misc.No.7960/2023
7
of
the
prosecution
can
be
met
out
by
imposing
conditions. Considering the nature and gravity of the
offence and liberty of the petitioner, he is entitled for the
relief claimed. Accordingly the point No.1 is answered in
the Affirmative.
9.

Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:н
ORDER
The petition filed by the petitioner under
Section 438 of Cr.P.C., is hereby allowed.
The petitioner is ordered to be released on
bail in the event of his arrest in Cr.No
Cr.No.133/2023 for the offence punishable
under Sec.420 of IPC pending on the file of
XXIV Addl. Chief Metropolitan Magistrate,
Bengaluru subject to following conditions:н
1) The petitioner shall execute personalн
bond for Rs.1,00,000/н with two
sureties for the like sum to the
satisfaction of trial court.
2) The petitioner shall coнoperate with the
investigating officer and shall appear
before the IO as and when called for.

8
Crl.Misc.No.7960/2023
3) The petitioner shall not directly or
indirectly make any inducement, threat
or promise to any person acquainted
with the facts of the case or tamper
with the evidence.
4)
The petitioner shall furnish
residential address proof.

his
5) The petitioner shall not commit similar
nature of offence.
If violation of any conditions will
amounts to cancellation of bail
automatically.
(Dictated to the Stenographer, directly on computer, corrected and
then pronounced by me in the Open Court on this the 22 nd Day of August,
2023)
(T.Govindaiah)
LVI Addl. City Civil & Sessions Judge,
Bengaluru.

9
Crl.Misc.No.7960/2023
Order pronounced in open Court
(Vide separate order)
ORDER
The petition filed by the
petitioner under Section 438 of
Cr.P.C., is hereby allowed.
The petitioner is ordered to be
released on bail in the event of his
arrest in Cr.No Cr.No.133/2023
for the offence punishable under
Sec.420 of IPC pending on the file
of XXIV Addl. Chief Metropolitan
Magistrate, Bengaluru subject to
following conditions:н
10
Crl.Misc.No.7960/2023
1)
The petitioner shall execute
personalнbond for Rs.1,00,000/н
with two sureties for the like sum
to the satisfaction of trial court.
2) The petitioner shall coнoperate
with the investigating officer and
shall appear before the IO as and
when called for.
3) The petitioner shall not directly
or
indirectly
make
any
inducement, threat or promise to
any person acquainted with the
facts of the case or tamper with
the evidence.
4) The petitioner shall furnish his
residential address proof.
5) The petitioner shall not commit
similar nature of offence.
If violation of any conditions
will amounts to cancellation of
bail automatically.
LVI Addl.City Civil & Sessions
Judge, Benguru.

11
Crl.Misc.No.7960/2023
12
Crl.Misc.No.7960/2023