1
Crl.Misc.No.2505/2024
KABC010069202024
Presented on
Registered on
Decided on
Duration
: 28-03-2024
: 28-03-2024
: 05-04-2024
: 0 years, 0 month,
7 days
IN THE COURT OF THE LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-65) AT BENGALURU)
Dated this 5th day of April 2024
-: P R E S E N T :Smt. Kalpana M.S.,
B.Sc., LL.M.,PGD-CLCF.,
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-65, BENGALURU CITY.
Crl.Misc.No.3113/2024
PETITIONER
:
Dr.M.Shivakumar,
S/o.Late.Manikanta,
Aged about 48 years,
R/at.61, 9th Cross,
5thMain, R.C. Agrahara,
Chamarajpet,
Bengaluru-018.

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Crl.Misc.No.3113/2024
(By Sri. S.Narayana Murthy,
Advocate)
/Vs/
RESPONDENT
:
State of Karnataka by
Basavanagudi, Police Station,
Bengaluru.
(Rep.
By
Prosecutor)
Learned
Public
ORDERS ON ANTICIPATORY BAIL APPLICATION
U/S.438 OF CR.P.C.
Petitioner/accused has filed this petition U/s.438
of Code Criminal Procedure (hereinafter referred as
Cr.P.C.,) seeking anticipatory bail in C.C.No.6846/2024
arising out of Cr.No.37/2022 of Basavanagudi, police
station, Bengaluru for the offences punishable U/s.380,
420, 465 and 471 of Indian Penal Code (hereinafter
referred as I.P.C.)

pending on the file of XXXVII-Addl.

Chief Metropolitan Magistrate Court, Bengaluru.

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Crl.Misc.No.3113/2024
2.

Learned Public Prosecutor appearing for the
State has filed objections statement along with report of
the Investigating Officer opposing the bail petition.
3.
the
For the purpose of brevity, the facts stated in
petition
and
objections
will
be
mentioned
at
appropriate stage of the orders.
4.

Heard arguments. Perused the materials on
record.
5.

The points do arise for my consideration are;
1.

Whether petitioner/accused is
entitled for grant of anticipatory
bail U/s.438 of Code of Criminal
Procedure?

2. What Order?
6.

For
the
reasons
stated
hereinafter,
findings on the above points are as follows;
Point No.1: In the Affirmative
Point No.2: As per final order
for the following:-
my
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Crl.Misc.No.3113/2024
REASONS
7.

POINT No.1:- Along with petition, petitioner
has produced certified copies of complaint, F.I.R charge
sheet order sheet in PCR.No.3768/2022.

Perused the
same.
8.

The facts set out in the chargesheet, in brief,
is as under;
The
complainant
complaint
before
37th
H.N.Sreedevi,
ACMM,
filed
private
Bengaluru
in
PCR.No.3748/2022 against the petitioner for the offence
punishable U/s.379, 384, 420, 465, 471 r/w. 34 of IPC.
The learned Magistrate has referred the matter to the
jurisdictional police for investigation. The complainant
police
have
registered
Cr.No.37/2022
and
after
investigation filed charge sheet against the petitioner.

It
is alleged that the petitioner has stolen blank cheque
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Crl.Misc.No.3113/2024
belongs to the complainant along with demand note and
consideration receipt given to others and also stolen the
sale deed standing in the name of the complainantТs
husband and filed false complaint alleging offence
punishable U/s.138 of N.I Act.
9.

Learned counsel for the petitioner/accused
vehemently argued that, he is innocent of the alleged
offences. He has not committed said offences.
been falsely implicated in this case.

He has
The complainant
police have not properly investigated the case and falsely
implicated the petitioner for the alleged offence.
complainant
has issued cheque
The
bearing No. 589694
dated 06.11.2020 for an amount of Rs.98,000/-. On
presentation, the said cheque was dishonored. After
compliance of provision of section 138 of N.I Act, the
petitioner herein has filed cheque bounce case against
the complainant. As counter blast to the said complaint,
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Crl.Misc.No.3113/2024
The complainant herein has filed this false complaint
alleging the offences of cheating and other alleged
offences.

Thepetitioner submits that the above said
allegations are non bailable in nature. The petitioner will
abide by the terms and conditions of this court. The
petitioner accused undertakes that he will not tamper
with the prosecution witnesses. The petitioner is under
apprehension of arrest, if the petitioner is not granted
bail his defense will be put to jeopardy and hence
petitioner pray to enlarge him on bail.
10.

The Learned Public Prosecutor vehemently
argued that, the petitioner has committed heinous
offence. The trial is not commenced. The evidence of the
prime witnesses is not recorded. At this stage, in the
event, the bail is granted, there is chances of tampering
and terrorizing the witnesses and he may remain
absconding and not available for the investigation and
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Crl.Misc.No.3113/2024
trial. He may indulge in similar offences. Hence, prays
for rejection of the bail petition.
11.

At the out set, the alleged offences are neither
punishable with death penalty nor imprisonment for life.
Said offences are triable by Magistrate. The commission of
offences by the petitioner is required to be established
during trial. The Hon’ble Supreme Court of India in the
decision of State of Rajasthan, Jaipur V/s. Balachandh @
Baliay (AIR 1977 SC 2447)
and in catena of decisions
pleased to laid down the legal doctrine that “Bail is a rule
and jail is an exception”. This legal doctrine is laid down for
safeguarding
fundamental
right
under
Article
21
Constitution of India, granting the right to life and liberty.
12.

The offence alleged against the petitioner is
punishable under 420 of I.P.C. and other allied offences.
It is settled law that, in a case of this nature, custodial
of
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Crl.Misc.No.3113/2024
interrogation is not warranted. In the decision reported
in AIR 2023 Supreme Court 1570: AIR Online 2023
SC 198 in a case of Mahdoom Bava V/s.Central
Bureau of Investigation, the Hon’ble Court pleased to
observe that;
Criminal P.C. (2 of 1974) S.438 Ц
Anticipatory bail Ц Entitlement Ц Offences
U/Ss. 420, 467, 468, 471 R/w.Sec.120B of
I.P.C. and S.13(3) R/w.Sec. 13(1)(d) of the
Prevention of Corruption Act Ц When case
was primarily
based
on documentary
evidence, arrest of accused persons was not
warranted- Eleven cases were registered
against prime accused but those cases were
not relevant for adjudicating the present
matter. Accused persons apprehended that
they may be remanded to custody by trial
court- Anticipatory bail granted.
The ratio laid down in the cited decision is squarely
applicable to the facts and circumstances of this case.

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Crl.Misc.No.3113/2024
13.
that,
It is forth coming that, prosecution alleged
petitioner/accused
has
stolen
the
cheques
documents belonged to the complainant and used the
same for wrongful gain. Admittedly, the petitioner herein
has filed cheque bounce case against the complainant.
Whether the present case is counter blast to the cheque
bounce case or not, is a matter of trial. There is no report
of criminal antecedents. Therefore, pre trial detention is
not warranted. The petitioner has permanent place of
abode in Bengaluru.

There is remote chances of flee
from justice. The apprehension of the prosecution could
be met by imposing stringent conditions to secure the
accused person during trial. Under these facts and
circumstances and having regard to the nature of
offences alleged and punishment prescribed and in view
of the law laid down by the Hon’ble Supreme Court of
India in the case of Satender Kumar Antil V/s.Central
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Crl.Misc.No.3113/2024
Bureau of Investigation reported in 2022 Live Law
(SC) 577 , I am of the opinion that, to struck the balance
between individual liberty and humiliation due to
unjustifiable detention against free and fair trial as well
as welfare of society, it is proper to enlarge the petitioner
on bail by imposing appropriate terms and conditions.
Accordingly, point No.1 is answered in the Affirmative.
14.

POINT
NO.2:
In
view
of
the
aforesaid
discussion, this court proceed to pass the following :
ORDER
Anticipatory bail petition U/s.438 of
Cr.P.C., filed by the petitioner/accused is
allowed.
Respondent
police
are
directed
to
release the petitioner/accused on bail in the
event of her arrest in C.C.No.6746/2022 of
Basavanagudi, police station, Bengaluru for
the offences punishable U/s.380, 420, 465,
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Crl.Misc.No.3113/2024
471 of IPC, pending on the file of
XXXVII-
Addl. Chief Metropolitan Magistrate Court,
Bengaluru by taking personal bonds for
?.50,000/- (fifty thousand) with two sureties
for like sum on following conditions;
1. Petitioner/accused shall appear before
Investigating Officer and co-operate
with investigation within 15 days from
the date of this order and make
himself available for investigation as
and when called by the Investigating
Officer.
2. He shall furnish documents regarding
her address proof, the address proof of
her sureties at the time of furnishing
sureties.
3. He
shall
mark
his
attendance
at
respondent police station on 1 st and 3rd
Sunday of every month between 10.00
a.m. and 2.00 p.m., till conclusion of
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Crl.Misc.No.3113/2024
investigation or for a period of 3
months, whichever is earlier.
4. He shall not
make
any
directly or indirectly
inducement,
threat
or
promise to any person acquainted with
the facts of the case so as to dissuade
her from disclosing such facts either to
the Investigation Officer or to the trial
court.
5.

He shall not leave the jurisdiction of
India without prior permission of the
trial court.

6. He shall not involve in any criminal
activities.
7. In
the
event
any
change
in
the
residential address, petitioner and his
sureties shall intimate the same to the
trial court immediately without fail.

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Crl.Misc.No.3113/2024
Violation of any of these conditions
would entitle cancellation of bail.
(Dictated to the Judgment Writer directly on computer, typed by
her, then corrected, signed and pronounced by me in open court on
this 5th day of April, 2024).

(KALPANA M.S.)
LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.

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Crl.Misc.No.3113/2024
Order pronounced in the open
Court, vide separate Order:ORDER
Anticipatory bail petition U/s.438
of
Cr.P.C.,
filed
by
the
petitioner/accused is allowed.
Respondent police are directed to
release the petitioner/accused
in
the
event
of
C.C.No.6746/2022
police
station,
her
of
on bail
arrest
in
Basavanagudi,
Bengaluru
for
the
offences punishable U/s.380, 420, 465,
471 of IPC, pending on the file of
XXXVII-Addl.

Chief
Metropolitan
Magistrate Court, Bengaluru by taking
personal bonds for ?.50,000/- (fifty
thousand) with two sureties for like sum
on following conditions;
1. Petitioner/accused shall appear
before
Investigating
Officer
and
co-
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Crl.Misc.No.3113/2024
operate with investigation within 15
days from the date of this order and
make himself available for investigation
as and when called by the Investigating
Officer.
2. He shall
regarding
her
furnish
address
documents
proof,
the
address proof of her sureties at the time
of furnishing sureties.
3.

He
shall
mark
his
attendance at respondent police station
on 1st and 3rd Sunday of every month
between 10.00 a.m. and 2.00 p.m., till
conclusion of investigation or for a
period
of
3
months,
whichever
is
earlier.
4.

He shall not
directly or
indirectly make any inducement, threat
or promise to any person acquainted
with the facts
of the case so as to
dissuade her from disclosing such facts
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Crl.Misc.No.3113/2024
either to the Investigation Officer or to
the trial court.
5.

He
jurisdiction
of
shall
India
not
leave
without
the
prior
permission of the trial court.
6.

He shall not involve in any
criminal activities.
7.

In the event any change in
the residential address, petitioner and
his sureties shall intimate the same to
the trial court immediately without fail.
Violation
of
any
of
these
conditions would entitle cancellation of
bail.
LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.