KABC010016282023
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE, AT BENGALURU
Dated this the 7th day of February, 2023
Present:
Shri Muralidhara Pai B.
B.Com., LL.B.

Principal City Civil and Sessions Judge,
Bengaluru.
Crl. Misc. No. 519/2023
Petitioners
:1.

Smt.Gowramma,
W/o Krishnappa,
Aged about 55 years
R/at No.22/A, 7th Cross,
Guttepalya, Lalbagh Siddapura,
Jayanagar 1st Block,
Bangalore – 560 011.

2.

Vinoda, S/o Krishnappa,
Aged about 36 years,
3.

Mukesh, S/o Krishnappa,
Aged about 36 years,
4.

Manjunath @ Manju,
S/o Krishnappa,
Aged about 32 years
All are residing at No.22/A,
7th cross, Guttepalya,
Lalbagh Siddapura,
Jayanagar 1st Block,
Bengaluru – 560 011
(By Sri N.Vishwanath, Adv.,)
Crl.Misc.519/2023
2
Vs.
Respondent
:
The State of Karnataka,
Siddapura Police Station,
Bengaluru.
[Rep. by Special Public Prosecutor]
ORDER
Accused Nos.2 to 5 in Crime No.9/2023 of Siddapura
Police Station have maintained this petition
under Section
438 of Criminal Procedure Code praying to enlarge them on
bail in the event of their arrest in the case in the interest of
justice.
2.

The prosecution has filed objection to this petition
along with the report of the Investigating Officer.
3.

Heard learned Counsel for Petitioners and learned
Special Public Prosecutor.
4.

The
following
points
would
arise
consideration of this Court:
1.

Whether the Petitioners are
entitled for anticipatory bail?

2.

What Order?

for
the
Crl.Misc.519/2023
3
5.

The findings of this Court on the above points are
under:
Point No.1:-
In the affirmative;
Point No.2:-
As per final order;
for the following:
REASONS
6.

Point No.1:
Siddapura Police have registered a case
in Crime No.9/2023 against one Krishnappa and the
Petitioners herein for the offenses punishable under Section
406, 420, 417 r/w.S.149 of IPC and Section 9 of Karnataka
Protection
of
Interest
of
Depositors
in
Financial
Establishments Act, 2004 based on a complaint lodged by one
Smt.Sudha. In the complaint it is alleged that Accused No.1
was conducting chit business and she was subscribing for the
chit since 2010. According to her Accused No.1 was totally
due a sum of Rs.9,00,000/- to her and he had even issued a
cheque for the said amount, which came to be dishonoured
on its presentation for encashment. She has stated that
Accused No.1 has cheated her by not paying the amount due
to her as promised. She has further alleged that Accused No.1
Crl.Misc.519/2023
4
has cheated about 25 to 30 persons in the same manner. In
the said circumstances, the de-facto complainant lodged the
complaint with the jurisdictional olice praying to take suitable
legal action against Accused No.1 and others.
7.

Undisputedly the Petitioners herein are the wife
and children of Accused No.1. In the complaint it is alleged
that when Accused No.1 was not available in the house, the
Petitioners used to receive monthly subscription for the Chit
and even they were conducting chit business in the absence
of Accused No.1. As such the de-facto complainant sought for
legal action even against the Petitioners herein.
8.

Whereas, the Petitioners have contended that the
allegations made in the complaint are totally false and
baseless and they are innocent of the alleged crime. They
have contended that they have been falsely implicated in the
case and that they have no knowledge about the alleged
transaction
between
Accused
No.1
and
complainant. They have further stated that
the
de-facto
the allegations
made in the complaint are civil in nature and there is no
Crl.Misc.519/2023
5
specific allegation against them. As such they have prayed to
allow the petition on the ground that they are ready to abide
by any reasonable conditions imposed by the court for their
release on bail.
9.

On
going
through
the
complaint
and
other
materials on record it becomes clear that the main allegation
is against Accused No.1 and that the Petitioners herein were
no way primarily responsible for the alleged chit business.
The case papers reveal that the Investigating Officer has
arrested Accused No.1 in the case, subjected him for
interrogation and allegedly collected certain materials at his
instance. As such this Court opines that there is no need of
custodial interrogation of the Petitioners in the case.
10.

Added to the above, during the course of argument
learned Counsel for the Petitioners submitted that Accused
No.1 has been enlarged on bail as per the Order dated
23.1.2023 passed by this Court in Crime No.9/2023. The
prosecution has not disputed the correctness of the said
submission on the side of the Petitioners. Therefore, it
Crl.Misc.519/2023
6
becomes clear that the Petitioners herein are entitled for bail
in the case on the ground of parity.
11.

Thus taking into consideration above narrated
facts of the case and benefit of bail granted to Accused No.1,
this Court opines that no hardship or prejudice would be
caused to the prosecution in case the Petitioners are released
on anticipatory bail. It is to be noted that the Petitioners have
undertaken to abide by any terms and conditions imposed by
the
Court
for
their
release
on
bail.

In
the
above
circumstances, this Court holds that the Petitioners have
made out valid grounds to extend them benefit of bail as
prayed in the petition. The apprehension expressed by the
prosecution can be taken care of by imposing proper
conditions. Hence, Point No.1 is answered in the affirmative.
12.

Point No.2: In the result, this Court proceeds to
pass the following:
ORDER
The petition filed under Section 438 of
Criminal Procedure Code is allowed.

Crl.Misc.519/2023
7
The Petitioners shall be released on bail in
the event of their arrest in Crime No.9/2023 of
Siddapura Police Station
Bengaluru
subject to
following conditions:
1)
The Petitioners shall execute a personal
bond for Rs.50,000/- each along with a
surety for the like sum, to the satisfaction
of the concerned Investigating Officer.

2)
They shall not hold any threat to or lure
the prosecution witnesses in any manner.

3)
Initially the Petitioners shall appear before
the
Investigating
Officer
on
or
before
21.2.2023. Thereafter, they shall appear
before
the
Investigating
Officer
or
concerned court as the case may be, as and
when directed to do so and cooperate with
further investigation/ proceeding of the
case.
4) They shall not change
their residence
pending disposal of the case without prior
permission of the Court.
5)
They shall produce address proof document
such
as
Voter’s
ID
or
Aadhaar
Card
Crl.Misc.519/2023
8
pertaining to them and their surety at the
time of executing bail bonds.
(Dictated to the Judgment Writer, transcribed by her, Order
corrected, signed and then pronounced by me in Open Court,
on this the 7th day of February, 2023)
(Muralidhara Pai B.)
Principal City Civil & Sessions Judge,
Bengaluru.
Digitally signed
by BORKATTE
MURALIDHARA
BORKATTE
MURALIDHARA PAI
PAI
Date:
2023.02.13
15:56:40 +0530