KABC010162022022
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 24th day of June, 2022
: Crl.Misc.No. 6038/2022:
PETITIONERS:-
1. BSR enterprises
No.15, Curve Road Tusker
Town (Queen Circle), Bangalore
Bangalore city.
2. G. Praveen Kumar Reddy
No.15, Curve Road Tusker
Town (Queen Circle), Bangalore
Bangalore city.
3. B. Raghavendra Reddy
No.145, Kapaleeshwar Nagar
Sun Rise, Avenue Neelanka
Chennai.
4. BSR Builders & Engineers Contractors
No.24-1-1641 Beside TVS Show
Room, Daragamitta Nell,
Andhra Pradesh.
(By Sri. H. Suresh, Adv)
2
Crl.Misc.No.6038/2022
V/s
RESPONDENT :
The State of Karnataka
By: Yelahanka PS
(Rep. by: Public Prosecutor)
ORDER
Petitioners
are accused in
Yelahanka PS Crime No.

141/2022, they have filed this bail application for anticipatory bail
under Sec. 438 of Cr.P.C. Petitioners are alleged to have committed
offence under Sec. 420 of IPC.
2. Brief facts of the case as forthcoming from the first
information is :
First informant has purchased flat bearing No. 106, Koorla
Residency Apartment in Sy. No. 56/2 on 14.12.2017 by paying tax.
Thereafter on 24.7.2020 the officers of Pedyantic have pasted notice
sating that the flat was pledged with them by the petitioners on
3.2.2017 and the same was brought to the notice of complainant.
Thus, on the allegation of cheating first information was lodged.
3. Petitioners have have urged the following grounds :
3
Crl.Misc.No.6038/2022
The alleged offences are not punishable with death or
imprisonment for life, offences alleged are triable by
Magistrate.

The petitioners are law abiding citizens and have deep roots in the
society, they are law abiding citizens and are permanent residents,
having abode and business in Bangalore and the petitioners would
neither abscond nor delay the proceedings. Hence prayed for grant
of anticipatory bail.
4. Learned PP has filed objections to the bail application along
with memo of instructions given by I.O. The averments of the first
information is reiterated. In objections it is stated that If accused
are released on bail, they will abscond, threaten the witness and
destruct the evidence collected against them. Investigation is yet to
be completed, bail should not be granted.
5. Heard the learned Advocate for petitioners and the learned
Public Prosecutor.
6. The point that arise for consideration is :
(1) Whether Anticipatory bail application filed by
petitioners deserves to be allowed ?

4
Crl.Misc.No.6038/2022
7. My finding to the above point is in the Affirmative, for the
following :REASONS
8.

Point No.1:
Petitioners/accused No.1 to 4 are
developers/builders. Along with bail application copy of writ petition
No. 10391/2021 filed before the Hon’ble High Court of Karnataka
against Federal Bank Financial Services Limited, ledger account of
BSR builders, communication between petitioners and Federal Bank
Financial Services, copy of the CRP No. 224/2021 filed by G.
Venkataranga Kamath and others is filed. Main grievance of the first
informant is that by investing the entire retirement fund, he
purchased flat No. 106, BSR Koorla Residency.

First informant
learnt about the alleged fraud only when Federal Bank Financial
Services Officials pasted a notice on the building that they have
taken symbolic possession of the building including flat No. 106. It
was learnt by first informant that accused No.1 to 3 had obtained
loan from Federal Bank Financial Services by mortgaging the entire
property.

Sale deed in respect of flat No. 106 was executed by
petitioners in favour of first informant and his wife on 14.12.2017.
Records also reveal that order under Sec. 14 of SURFAESI Act has
Crl.Misc.No.6038/2022
5
been passed by the learned Magistrate for taking physical
possession which order is questioned by first informant and others in
Crl. Revision Petition No. 224/2021.

The result of said revision
petition is not forthcoming from the records. The notice issued by
Federal Bank Financial Services Limited discloses that totally 26
unsold flats have been proposed for taking possession.

The
mortgage of the entire property said to have been executed by
petitioners in favour of Federal Bank Financial Services Limited is
not produced before this Court.

On what basis against 26 flats
auction is being contemplated by Federal Bank and on what basis
26 flats were identified as unsold is a matter between petitioners and
Federal Bank.

In the first information lodged address of first
informant is shown as flat No. 106, First floor, BSR Koorla
Residency, which shows that he is in possession of Flat No.106.
9. The only aspect to be considered is as to whether there can
be any tampering of the evidence by petitioners.

Allegation of
cheating is about concealment of the mortgage of the entire property
by petitioners in favour of Federal Bank.
cannot be meddled or tampered with.

Registered documents
Petitioners are builders, loan
said to have been borrowed by them is Rs 5 crores and even in the
Crl.Misc.No.6038/2022
6
notice Rs 4,58,44,953/- is claimed to be due, which when compared
to the value of unsold flats is a fraction.

Considering the fact that
petitioners
undertaken
are
builders
and
have
a
project,
apprehension of the prosecution can be met by imposing conditions.
ORDER
Anticipatory Bail application filed by Accused
in
Crime No. 141/2022 is hereby allowed. Petitioners shall
be released on bail in the event of their arrest subject to
the following :
CONDITIONS
1. Petitioners shall execute personal bond for Rs
50,000/- each with a surety for likesum.
2. Petitioners shall appear before the I.O. on or
before 30.06.2022 and co operate with the investigation
in all respects.
3.

Petitioners
shall
not
tamper
with
the
prosecution witness and shall appear before the Court
on all dates of hearing.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 24 th day of June, 2022)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru
7
Crl.Misc.No.6038/2022
8
Crl.Misc.No.6038/2022