1
Crl.Misc.8345/2023
KABC010229352023
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 23 rd day of September 2023
:PRESENT:
Sri.Sabappa, B.Com., LLB (Spl.)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
CRIMINAL MISCELLANEOUS No.8345/2023
PETITIONER :
Charit Kumar N @ Charith,
S/o Late Suvarna N.D,
Aged about 39 years,
R/at No.290, 9th Main,
12th Cross, Milk Colony,
Malleshwaram, Bengaluru Ц 560 055.
(By Sri. Sudhanva.D.S, Adv.,)
V/s
RESPONDENT
:
State by;
Upparpet Police Station,
Bengaluru.

(Represented by Public Prosecutor)
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Crl.Misc.8345/2023
ORDER ON BAIL PETITION U/SEC.438 OF CR.P.C.
This petition is filed by the petitioner under Sec.438 of
Cr.P.C.,
seeking anticipatory bail in the event of his arrest in
connection with Cr.No.95/2023 registered by the Upparpet Police,
for the offences punishable under Secs.406, 420, 506 r/w 34 of
I.P.C.

2.

The brief facts of the case of the petitioner is that, the
respondent police registered case against the petitioner and
another in Cr.No.95/2023 for the offences punishable U/Secs.406,
420, 506 of I.P.C on the basis of the complaint filed by one
Sri.B.N.Anjan Kumar. It is alleged that, complainant and his friend
Vasundar
Pandit.A
are
practicing
as
a
Advocates.

The
petitioner/accused No.1 and 2 used to come to their office in
connection with their cases. They induced the complainant and his
friend Vasundar Pandit to invest money in international share
market and they would get more profit. Believing the words of the
accused persons, the complainant and his friend have transferred
an amount of Rs.28 lakhs to the account of the accused No.1 and
also paid cash of Rs.17 lakhs to the accused persons to invest the
same in the share market. Later on complainant came to know that
the accused persons have not invested their money in the share
market, but used the said money for their personal use. When
complainant tried to contact them over phone, their mobile was
switched and again when they contacted the accused persons and
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Crl.Misc.8345/2023
asked them to return their amount. At that time the accused
persons have threatened the complainant with dire consequences.
Hence, complainant filed the complaint. Hence, apprehending his
arrest the petitioner has filed the present anticipatory bail petition.
3.

The grounds urged by the petitioner are as under.

The petitioner submitted that, he is innocent of the alleged
offences. There is no specific allegation against the petitioner. The
matter is purely civil in nature. The complainant being an advocate
knowing very well about the legal position has registered a
complaint with an intention to put pressure on the petitioner and
then compel to coming into settlement. The petitioner has not
received any money from the complainant. More serious allegation
are levelled against accused No.1. Accused No.1 is enlarged on
bail by the learned IV ACMM, Bengaluru. On the ground of parity,
the petitioner is also entitled for bail. The alleged offences are not
punishable with death or life imprisonment. He is married and
having kids. He is a permanent resident of address mentioned in
the cause title. He is ready to abide by any conditions may be
imposed by this Court. He is having movable properties in
Bengaluru. Hence, sought for grant of bail.
4.

The learned Public Prosecutor has filed objections to
the bail petition along with the report of the P.S.I, Upparpet Police
Station. In the objections the learned Public Prosecutor has
narrated the facts as stated in the FIR. During the course of
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Crl.Misc.8345/2023
investigation the I.O has visited the spot and conducted spot
panchanama in the presence of panchas. The petitioner is required
for interrogation. The petitioner has cheated the complainant. The
I.O is yet to recover the amount from the accused persons. If the
petitioner is granted bail, there is every chance that he 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 petitioner has made out sufficient
grounds for grant of anticipatory bail
U/Sec.438 as sought for?
2. What order?

7.

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

POINT No.1: I have gone through the bail petition and
objection statement. It is noticed that, the respondent police
registered case against the petitioner in Cr.No.95/2023 for the
offences punishable U/Secs.406, 420, 506 of I.P.C. It is the case of
the petitioner that, there is no allegation against the petitioner. The
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Crl.Misc.8345/2023
matter is purely civil in nature. The main allegation is against
accused No.1. Accused No.1 is already enlarged on bail by the
learned IV ACMM, Bengaluru. Hence, this petitioner is also entitled
for bail on the ground of parity. He is ready to abide by any
conditions imposed by this Court. Hence, prayed to grant regular
bail.
9. The prosecution contended that, the petitioner has actively
involved in the commission of the offence. The petitioner has
cheated the complainant. The I.O has conducted the spot mahazar.
If the petitioner is enlarged on bail, he may abscond and tamper the
prosecution witnesses. Thereby, the petitioner is not entitle for grant
of anticipatory bail.
10. On perusal of the bail petition and objection statement, it
is noticed that the transaction taken place between the petitioner
and the complainant in the year 2021. Now, the complainant filed
the complaint against the petitioner and accused No.1. Accused
No.1 is arrested by the respondent police and produced before the
ACMM Court, Bengaluru. Thereafter, he was enlarged on bail by
imposing stringent conditions. The petitioner is also standing on the
same footing. The respondent police already interrogation accused
No.1 and conducted enquiry and recorded the statement of
witnesses. At this stage, this Court feels that if some conditions are
imposed on the petitioner and enlarged on bail it will protect the
interest of the prosecution. Moreover, it is the case of the
complainant that, petitioner and another assured the complainant
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Crl.Misc.8345/2023
that if money is invested in the share market they would get more
profit. Believing the words of the accused persons, the complainant
and his friend given money to the accused persons to invest the
same in the share market. But later complainant came to know that
the accused persons utilized the said amount for their personal use
and not invested the amount in the share market and cheated the
complainant. Thereby, complainant lodged the complaint. Moreover,
the complainant being Advocate and well educated and he has
follow up the day to day share market value. It is pertinent to note
that at the time of investing money in the share market it is the duty
of the complainant to take proper instructions from the competent
person. There is no such efforts made by the complainant. Thereby,
at this stage, I come to the conclusion that the petitioner has made
out sufficient grounds to enlarge him on bail by putting some
stringent conditions.
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 petitioner has made out sufficient grounds to enlarge him
on bail. The petitioner is a resident of Bengaluru. He is ready to
abide by any conditions imposed by this Court. He is having
movable and immovable properties. Thereby this court come to
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Crl.Misc.8345/2023
conclusion that if some stringent conditions are imposed on the
petitioner and granted bail, the apprehension of the prosecution
could be safeguarded. Otherwise the family of petitioner will be put
to humiliation.

Accordingly, I have answered point No.1 in the
Affirmative.
12.

POINT NO.2:
In view of my findings point No.1, I
proceed to pass the following:
ORDER
Bail
petition
filed
by
the
petitioner
under
Sec. 438 of Cr.P.C is hereby allowed.
Petitioner
anticipatory
bail
is
in
ordered
the
to
event
be
of
released
his
on
arrest
in
Cr.No.95/2023 of Upparpet P.S., on executing his
personal bond for Rs.50,000/- with two sureties for the
like sum on the following conditions.
1. The petitioner shall appear before the IO
within 15 days from the date of this order and cooperate for investigation.
2. The petitioner shall not tamper with the
Prosecution witnesses either directly or indirectly in
any manner.

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Crl.Misc.8345/2023
3. He shall co-operate for investigation by the
concerned police and regularly appear before the
concerned court as and when required.
4. He shall not abscond from the ordinary
residence and he should furnish the address proof to
the concerned police.
5. He shall not indulge in any kind of offence.
6. He shall not leave the jurisdiction of the court
without prior permission.
7. He 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 23 rd day of September, 2023)
(Sabappa)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.

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Crl.Misc.8345/2023
ORDERS PRONOUNCED IN THE OPEN
COURT, VIDE SEPARATE ORDER
Bail petition filed by the petitioner under
Sec. 438 of Cr.P.C is hereby allowed.
Petitioner is ordered to be released on
anticipatory bail in the event of his arrest in
Cr.No.95/2023 of Upparpet P.S., on
executing his personal bond for Rs.50,000/with two sureties for the like sum on the
following conditions.

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Crl.Misc.8345/2023
1. The petitioner shall appear before the
IO within 15 days from the date of this order and
co-operate for investigation.
2. The petitioner shall not tamper with
the Prosecution witnesses either directly or
indirectly in any manner.
3. He shall co-operate for investigation
by the concerned police and regularly appear
before the concerned court as and when
required.
4. He shall not abscond from the
ordinary residence and he should furnish the
address proof to the concerned police.
5. He shall not indulge in any kind of
offence.
6. He shall not leave the jurisdiction of
the court without prior permission.
7. He 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.

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Crl.Misc.8345/2023