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Crl.Misc.No.3180/2024
KABC010089792024
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 5TH DAY OF APRIL 2024
CRL.MISC. NO.3180 / 2024
PETITONER/S:
H.A.SREE RAM,
S/O ANJINAPPA,
AGED ABOUT 57 YEARS,
RESIDING AT NO.5/5, 2ND CROSS,
NEAR MICO SHAMANNA GARDEN,
WILSON GARDEN,
BENGALURU – 560 027.
(By Sri.Sanjay Yadav, Adv..)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY WILSON GARDEN
POLICE STATION, BENGALURU,
(By Public Prosecutor)
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Crl.Misc.No.3180/2024
ORDER
The petitioner / accused No.1 has filed this petition
under Section 438 of Cr.P.C. seeking for
an order of
anticipatory bail.
2.

On the complaint filed by Sri.B.K.Saleem S/o K.Abbas,
a case is registered at the respondent police station in
Cr.No.61/2024
against
the
accused
for
the
offences
punishable u/Ss. 506, 504 r/w S.34 of IPC and Ss.41, 39 of
Karnataka Money Lenders Act and Ss. 3 & 4 of Karnataka
Prohibition of Charging Exorbitant Interest Act, 2004.

3.

The case of the prosecution in brief is that, on
19.03.2024 at about 1-00 p.m. the complainant approached
the respondent police and submitted a complaint by stating
that one Ifthikar Ahmed S/o Ahmed Jan, age 42 years,
resident of R.T.

Nagar approached him
and
filed
a
complaint. In the complaint it is stated that the said ifthikar
Ahmed had met accused No.1 in the year 2015 and
obtained a loan of Rs. 30 lakhs to purchase 3 residential
flats.

During that time the accused No.1 had
taken 2
cheques. Subsequently, after selling those 3 flats, Ifthikar
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Crl.Misc.No.3180/2024
Ahmed repaid the aforesaid amount with interest. Again in
the year 2018 the aforesaid person obtained Rs.9 lakhs as a
loan from the accused No.1 to purchase another flat. He
was repaying the loan amount with interest. From 2022 he
could
not
repay
the
said
loan
amount.

Hence,
on
20.02.2024 the accused came to his house and demanded
to give Rs. 10 lakhs immediately and also gave threat to
the life of Ifthikar Ahmed. Hence, that person approached
the complainant and stated his grievances. On the basis of
the complaint filed by the complainant, the respondent
police have registered a case.

Now the investigation is
going on.
4.

Now, this petitioner / accused No.1 is contending that
he is an innocent person and he has not committed any
offence. There is a delay in filing the complaint. The said
Ifthikar Ahmed has now raised his grievances after several
year from the date of obtaining loan. The initiation of the
criminal proceedings against this petitioner is illegal,
contrary to law and materials on record. The complainant
has suppressed several materials. The complainant has not
stated about
any enquiry conducted by him.

Under the
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Crl.Misc.No.3180/2024
garb of investigation, the police have secured search
warrant by misleading the Magistrate and seized the
documents from the house of the petitioner. But the same
is not reported to the Magistrate. The alleged offences are
even though non-bailable, they are not punishable with
death or imprisonment for life. It is only authorized officers
are empowered to enter the premises and to inspect the
documents as contemplated u/S.15 of Karnataka Money
Lenders Act. The authorized officers are Registrar and
assistant Registrars or any other Officer authorized by the
Government. But, in this case, the police
investigation.

This
petitioner
is
ready
are conducting
to
face
the
investigation. He is law abiding citizen. Hence, prayed to
allow the petition.
5.

Learned Public Prosecutor has contested this petition
by filing detailed objections by reiterating the case of the
prosecution and further contended that there is prima facie
case against the petitioner.

If he is
enlarged on bail he
may tamper with prosecution witnesses. He may abscond.
Hence, prayed to reject the bail application.
6.

Heard arguments and perused the records.

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Crl.Misc.No.3180/2024
7.

Now the point for determination is as follows.
“Whether the petitioner / accused No.1 has made out
sufficient grounds to grant an order of anticipatory bail
by resorting to special powers vested in this Court
under Section 438 of Cr.P.C.?”
8.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. Even though the alleged offences are non-bailable,
they are not punishable with death. It is not in dispute that
this
petitioner is the permanent residents of the address
mentioned
in
the
cause
title.

There
is
no
criminal
antecedents.
10. At the time of his arguments, the learned counsel for
the petitioner, has relied upon the following judgments.
1.
JUDGMENT OF OUR HON’BLE HIGH COURT IN CIVIL
REVISON PETITION NO.1492/77 (M.N.RADHAMMA VS. M.N.
VENKATANARAYANAPPA).
2.
ORDER OF OUR HON’BLE HIGH COURT IN CRIMINAL
PETITION NO.101569/2016 WITH CONNECTED CASES
(SHRIMANT AND OTHERS VS. THE STATE OF KARNATAKA).
3.
ORDER OF OUR HON’BLE HIGH COURT IN CRIMINAL
PETITION NO.100142 OF 2023 (HANMANTH VS. THE STATE
OF KARNATAKA).
4.
ORDER OF OUR HON’BLE HIGH COURT IN CRIMINAL
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Crl.Misc.No.3180/2024
PETITION NO.6903 OF 2022 C/W OTHER CASES
(SRI.N.KUMAR VS. STATE OF KARNATAKA).
5.
ORDER OF OUR HON’BLE HIGH COURT IN CRIMINAL
PETITION NO.6409 OF 2018 C/W ANOTHER CASE (LALITH
KOTHARI VS. THE STATE OF KARNATAKA).
11. I have gone through all the aforesaid judgments. Who
can conduct investigation in this type of cases is explained
by the Hon’ble High Court.

12. Considering the facts and circumstances of this case,
this petitioner is entitle for an order of anticipatory bail.
Such being the case, reasonable conditions will meet the
apprehension of the prosecution. Hence, the aforesaid point
is answered in the AFFIRMATIVE and proceed to pass the
following.
ORDER
Bail petition filed by the petitioner / accused
No.1
under Section 438 of Cr.P.C. is hereby ALLOWED.
In the event of arrest of this petitioner / accused No.1
in Cr.No.61/2024 of respondent police, he shall be enlarged
on bail by accepting personal bond in a sum of Rs.50,000/with one surety for likesum, on the following conditions.
1.

The petitioner / accused No.1 shall appear before the
Investigating officer within 10 days from the date
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Crl.Misc.No.3180/2024
of this order.
2.

He
shall not tamper with prosecution witnesses in
any manner.
3.

He shall co-operate with Investigating Officer as and
when called for investigation.

4.

He shall not involve in any criminal activities.

5.

He shall mark his attendance in the respondent police
station on 1st Sunday of every month between 11-00
a.m. and 5-00 p.m. till filing of final report.

(Dictated to the SG-I, transcribed by him and then corrected
by me and then pronounced in the open court on this the 5 th
day of APRIL 2024)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed by
SHRIRAM
NARAYAN HEGDE
Date: 2024.04.05
17:00:24 +0530