KABC010223502023
IN THE COURT OF THE LIX ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-60) AT BENGALURU
Dated this the 30 th day of August, 2023
Present
Ramakant I. Chavan
B.Com., LL.B.,(Spl)
LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-60 BENGALURU CITY.
Criminal Misc.No.8101/2023
PETITIONERS:
1.

Chetaram
S/o. Haratinga Ram
Aged about 25 years
R/o. Rebariyo Ka Vas,
Vediye Dhani,
Vediya, Jalore,
Rajasthan Ц 307029.

2.

Vajaram
S/o. Bagdaram
Aged about 41 years,
R/at. Goliya Ki Aabadi,
Debawas, Jalore,
Rajasthan-343 042.
(By Sri.Gopal Singh, Adv.)
V/s.

2
Crl. Misc No.8101/2023
RESPONDENT:
The State of Karnataka.
Through Bellanduru P S,
Bengaluru.
(Rep. by Public Prosecutor)
ORDER
The petitioners have filed this petition under section
438 of the Cr.P.C., seeking grant of anticipatory bail in the
event of their arrest in respect of Cri.No.283/2022 of
Bellanduru Police Station, for the offences punishable
U/Sec.120B, 406, 420, 467, 471 R/w Sec.34 of IPC.
2.

The criminal law was set into motion on the
basis of the complaint lodged by one Yogesh, alleging that
the accused persons are known to the complainant who
are also belonging to Erode and they were often dealing in
finance whenever they were in need. This being the fact,
on 18.6.2023, the accused asked the complainant to lend
2.5 Crores and they will return the same within 30 days.
Believing their words, the complainant lent a sum of
Rs.2,43,70,000/- in Hungry Vibes Hotel which he had kept
for his business. But the accused failed to return the same
to the complainant and as such issued 3 DDs as a
guarantee. But the accused have not repaid the amount to
the complainant and have cheated him. Based on the said
complaint, a case in Cr.No.283/223 came to be registered
3
Crl. Misc No.8101/2023
for the offences punishable U/Sec.406, 20, 467, 471,
120-B R/w.Sec.34 of IPC.
3.

Apprehending their arrest at the hands of the
respondent Police, the petitioners have filed this petition
seeking anticipatory bail on the following grounds;
The petitioners are innocent and they have not
committed any crime.
false.

The allegations against them are
They have never borrowed any money from the
complainant.

The complainant was a businessman in
Tamil Nadu, but he had failed in business and therefore
his business was shut down in Tamil Nadu and he suffered
loss and shifted his residence from Tamil Nadu to
Bengaluru City.

The complainant lent huge amount of
money is highly unbelievable and completely a false
allegation.

They know nothing about the demand drafts
referred in the complaint.

The custodial interrogation of
the petitioners is not required.
4.

It is further stated that the petitioners are
businessmen and they never been booked for any case in
their lifetime. In the event of their arrest, their social and
business standing will be lost forever. The petitioners are
ready and willing to abide by any conditions that may be
imposed by this Court and also to ready to offer sufficient
surety for his prompt appearance before the court and the
Investigating Officer. Hence, pray for allowing the petition
4
5.

Crl. Misc No.8101/2023
In response to the notice issued, the Ld. Public
Prosecutor has filed objection wherein, it is contended that
there are prima-facie materials to show that the petitioners
along with other accused persons has been involved the
offence as mentioned in the complaint. The investigation is
at a primary stage and the Investigating Officer has to
collect materials. If the petitioners are granted bail at this
stage, there is every likelihood of the petitioners tampering
with the prosecution case and absconding permanently.
There are no grounds to consider the bail petition.
Accordingly, the learned Public Prosecutor prays for
rejection of the bail petition.
6.

Heard the arguments of the learned counsel for
the petitioners and the learned Public Prosecutor. Perused
the entire records.
7.

The Point that arises for the consideration of
this court is as under:
Whether the petitioners have made out
any reasonable or substantial grounds
for grant of anticipatory bail?
8.

The Court answers the above Point in the
affirmative, for the following:
Crl. Misc No.8101/2023
5
REASONS
9.

Prima-facie, the allegations of the complainant
against the petitioners and other persons is that, they have
cheated the complainant.
10.

The learned counsel for the petitioners has
submitted his arguments, he has pointed out towards the
contents of the complaint. He has also pointed out towards
the copy of the complaint dated 01.08.2023 to the
concerned Police. He has also drawn my attention towards
the copies of remand applications. The petitioners are not
involved in the crime as alleged by the complainant. The
complainant is an unknown person to the petitioners
herein. The petitioners have lost an amount of Rs.55.00
lakhs which is due from the complainant himself.

Now,
the Police are searching the petitioners. Hence there is an
apprehension to the petitioners. They are ready and willing
to fulfill the conditions imposed by this Court and they are
also
ready
to
undertake
to
furnish
surety
to
the
satisfaction of this Court. The offences are not punishable
either with death or imprisonment for life.
11.

The
learned
Public
Prosecutor
has
also
submitted his arguments, he has drawn my attention
towards the complaint and the statement of objections and
also prosecution papers. Investigation is not yet completed.
If the petition is allowed and the petitioners are enlarged
Crl. Misc No.8101/2023
6
on bail, there may be every chance of absconding and
cause hurdle for the further investigation. There are no
grounds to consider the petition at this juncture.
12.

After hearing the learned counsel for the
petitioners and Ld.PP, I have also gone through the
contents
of
the
complaint,
FIR
and
other
relevant
documents. By going through the contents of the FIR and
complaint, they go to show that there is an allegation
against
the
petitioners
and
other
accused
persons
regarding cheating to the complainant. There is an
apprehension to the petitioners.

It is also submitted
during arguments on behalf of the petitioners that the
complainant himself is due a huge amount, but no
documents have been produced.
13.

After looking into the materials on record and
contents of the complaint and FIR.

The matter is under
investigation. The offences alleged against the petitioners
are triable before the learned Magistrate and they are not
punishable either with death or life imprisonment.
14.

Looking in to the facts and circumstances of the
case, I am of the opinion that, Prima-facie the petitioners
have made out grounds for granting anticipatory bail. The
apprehension of the prosecution can be met by imposing
stringent conditions. For all these reasons, this court is of
the considered view that it is a fit case to exercise the
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Crl. Misc No.8101/2023
power conferred under Section 438 of the Code of Criminal
Procedure and grant bail to the petitioners, subject to
conditions. Accordingly, the above Point is answered in the
affirmative and this court proceeds to pass the following:
ORDER
The bail petition filed by the
petitioners U/Sec.438 of Cr.P.C. is
allowed on the following conditions.
The investigating officer shall release
the petitioners on bail in the event of
their
arrest
in
relation
to
Cr.
No.283/2023
of
Bellanduru
P.S.,
Bengaluru, after obtaining personal
bond for Rs.1.00 lakh each along with a
surety for like sum.
The petitioners shall not tamper or
threaten the prosecution witnesses.
The petitioners shall appear before
the Investigating Officer within 15 days
from the date of this order.
The petitioners shall
regularly before the trial court.

appear
(Dictated to the Judgment Writer directly on computer, typed by her,
corrected by me and then pronounced in open court on 30th day of August,
2023).

(Ramakant I. Chavan)
LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-60 BENGALURU CITY.