KABC010017652023
Presented on : 18-01-2023
Registered on : 18-01-2023
Decided on : 27-01-2023
Duration : 0 years, 0 months, 9 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH67)
DATED: This the 27th day of January, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 531 of 2023
Petitioners :
1. Harsha.J.
S/o Jayaram.M.
Aged about 33 years,
R/at No.27, 1st Floor,
11th Cross, Gajendra Nagara,
Muneshwara Block,
Bengaluru 560 026.
(Accused No.1)
2. Manjushree.K.S.
D/o Shankaregowda.K.L.
Aged about 30 years,
R/at No.97, 13th Cross,
Kalidasa Circle,
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Crl.Misc.No.531/2023
Ananthamurthy Layout,
Near Kalidasa Bus Stop,
Banashankari,
Bengaluru 560 050.
(Accused No.4)
(By Sri.B.S.Manu, Adv.)
/Vs/
Respondent :
State by:
Hanumanthanagara Police Station,
Bengaluru.
(By Public Prosecutor.)
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
This petition is filed by the petitioners/ accused under
Section 438 Cr.P.C seeking anticipatory bail in the event of
their arrest in Cr.No.11/2023 registered for the offences
punishable under Sections 420, 504, 506 IPC
respondent police pending on the file of 24 th
by the
Additional
Chief Metropolitan Magistrate, Bengaluru.
2.
The petitioner case in brief are as follows:
The petitioners are innocent of the offences alleged.
The offences are not punishable with death or life
imprisonment. Accused No.2 has filed civil suit against the
complainant in OS.4239/2021. The complainant intend to
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Crl.Misc.No.531/2023
sell her house, accused No.1 introduced accused No.2 and
agreed for sale consideration of Rs.38,50,000/ and
executed sale agreement in favour of accused No.2, on
27.1.2021 and received Rs.25,50,000/ before the Sub
Registrar.
Thereafter, the complainant has not returned
the amount and accused No.2 filed a civil suit for recovery
of the amount.
Petitioner No.1 is only a broker introduced
accused No.2. Petitioner No.1 is sisterinlaw of accused
No.4.
They have not received any amount from the
complainant.
There is delay in lodging complaint. The
custodial interrogation is not required, the petitioners are
ready and willing to abide by the conditions and prayed to
allow the petition.
3. The learned Public Prosecutor filed objections that
the petitioners and other accused persons in furtherance of
common intention, have collected Rs.25,50,000/ and
cheated the complainant, abused and threatened. The
investigation is pending, if the petitioners are granted bail
they may
commit
similar offence
complainant and prayed for dismissal.
and
threaten
the
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Crl.Misc.No.531/2023
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioners Nos.1 and
2 are entitled for anticipatory bail ?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1 : The One Smt.Mamatha has filed a
complaint against petitioners and other accused persons
alleging that one Nishaka has introduced accused No.1, he
became a good friend, after death of complainant husband
she had expressed her intention to sell the house with
accused No.1. In the year 2020 accused No.1 introduced
accused No.2 Ranjitha and accused No.3 Jagadish, they
came to her house, they expressed their intention to
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Crl.Misc.No.531/2023
purchase the house and fixed sale consideration amount of
Rs.60,00,000/. The complainant executed sale agreement
in
favour
of
accused
No.1.
and
consideration as Rs.38,50,000/.
Rs.25,50,000/.
shown
the
sale
She has received only
The complainant demanded balance
amount, accused No.1 dragged her and told that to
purchase new house for complainant he has taken
Rs.25,50,000/ but not purchased a house or returned the
amount.
Accused No.1 has shown the house of accused
No.4 Manjushree and demand her the amount.
cheated her.
They
On these allegations the respondent police
registered the case under Section 420, 504, 506 IPC.
8. It appears there is a suit in OS.4239/2021 filed by
accused No.2 against the complainant. Subsequently the
present
complaint
has
been
filed.
It
appears
the
transaction between both parties is a civil in nature. The
bank statement of petitioner No.2 has been produced.
Wherein, it does not disclose any amount received by
petitioner No.2 from the complainant.
It needs to be
investigated whether the petitioners since inception have
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Crl.Misc.No.531/2023
intended to cheat the complainant and entered into a
transaction and received the amount and cheated her.
Prima facie no such material is available.
The offences
alleged are not punishable with death or life imprisonment,
triable by Magistrate. The petitioners are apprehending the
arrest from the respondent police, custodial interrogation
of petitioners my not be required. The petitioners are
permanent residents of address shown in the cause title
chances of absconding is remote. The objections of
prosecution could be met by imposing suitable conditions.
Under these circumstances, the petitioners are entitled for
bail. Accordingly answer point No.1 in Affirmative.
9. POINT No.2:
In view of findings given on point
No.1, this Court pass the following order.
ORDER
The petition filed by the petitioners/1.
Harsha.J., 2. K.S.Manjushree, under Section
438 Cr.P.C. is allowed.
The petitioners are ordered to be released
on anticipatory bail in the event of their
arrest in Cr.No.11/2023 of respondent police
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Crl.Misc.No.531/2023
for the offences punishable under Sections
420, 504, 506 IPC
pending on file of 24 th
ACMM, Bengaluru on execution of personal
bond for Rs.50,000/ each with one surety
for likesum to the satisfaction of investigation
officer on following conditions.
1. The petitioners shall appear before IO on or
before
13.2.2023
for
the
purpose
of
investigation.
2. The petitioners shall not threaten the
witnesses and destroy the evidence in any
manner.
3.
The petitioners shall appear before the
trial Court regularly on all dates of hearing
without fail.
4.
If any of the conditions are violated the
bail order deems to have been canceled.
(Typed to my online dictation by the Judgment writer, corrected
by me and then pronounced in the open Court on this the 27 th day of
January 2023).
(S. NATARAJ),
LXVI Addl. CC & SJ, Bengaluru.
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Crl.Misc.No.531/2023
The Order is pronounced in the
open Court (vide separate
Order).
ORDER
The petition filed by the
petitioners/1. Harsha.J., 2.
K.S.Manjushree, under Section
438 Cr.P.C. is allowed.
The petitioners are ordered
to be released on anticipatory
bail in the event of their arrest
in
Cr.No.11/2023
of
respondent police for the
offences
punishable
under
Sections 420, 504, 506 IPC
pending on file of 24th ACMM,
Bengaluru
on execution of
personal bond for Rs.50,000/
each with one surety for
likesum to the satisfaction of
investigation
officer
on
following conditions.
1. The petitioners shall appear
before
IO on
or before
13.2.2023 for the purpose of
investigation.
2. The petitioners shall not
threaten the witnesses and
destroy the evidence in any
manner.
3. The petitioners shall appear
before the trial Court regularly
on all dates of hearing without
fail.
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Crl.Misc.No.531/2023
4. If any of the conditions are
violated the bail order deems
to have been canceled.
LXVI Addl. CC & SJ,
Bangalore.