Crl. Misc. No.5980/2022
KABC010160582022
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 1 st day of July, 2022
-: PRESENT :Sri R.Ravi, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.5980/2022
Petitioner/s
:
1. Kumari K.R.Sai Sinchana
D/o.K.R.Ramesh Babu
Aged about 25 years
R/a.No.40/1, 11/1
O.T.C. Road
2nd Cross
Balepet
Near I.V. Temple
Chickpet
Bengaluru-560 053.
(Accused No.2)
(By Sri.P.H.Nagaraj, Adv.)
V/s
Respondent
:
The State by
City Market Police Station
Bengaluru.

Crl. Misc. No.5980/2022
(Rep. by Public Prosecutor,
Bengaluru.)
ORDER ON ANTICIPATORY BAIL APPLICATION ONE
FILED BY THE PETITIONER UNDER SECTION 438 OF
Cr.P.C.
The case of the petitioner is that she is innocent & she
has not committed any offences and she is a young lady & not
yet married & there is marriage talks going on and now if she
is arrested & sent to judicial custody then her future would
be spoiled and she hails from respectable family having no
bad antecedents and there is no specific allegations made
against the
petitioner and there is no specific overt act
attributed against her and she is permanent resident of
Bengaluru City and the alleged offences are not punishable
with death or imprisonment for life and she is ready and
willing to abide by the terms and conditions that may be
imposed by the court and to offer surety to the satisfaction of
the court & since the respondent police have registered a
false case in Cr. No.91/2022 for the offences punishable
under Section
406 & 420 R/w. Section 34 of IPC and are
trying to arrest her then she is constrained to file this petition
for granting of anticipatory bail.

2. On the other hand the learned Public Prosecutor has
filed his objections along with the
report of the I.O. &
Crl. Misc. No.5980/2022
opposed the above application that the grounds urged for
granting anticipatory bail are not satisfactory & the matter is
still under investigation & now at this stage if the petitioner
is granted anticipatory bail then she may abscond & tamper
the prosecution witnesses & accordingly prayed for rejection
of the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as hereunder;
1) Whether the petitioner has made
out a prima-facie case for grant of
anticipatory bail as prayed in the bail
petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In Affirmative with conditions;
Point No.2 – As per final Order, for the following;
R E A SON S
5. Point No.1:- On perusal of the FIR & complaint it is
alleged against the petitioner and other accused persons that
they had borrowed loan from Vysya Co-operative Bank to the
tune of Rs.3,67,00,000/- for construction of apartment by
pledging property bearing Municipal No.24/1-1 & 33-235, PID
Crl. Misc. No.5980/2022
No.28-226-24/1/1, Sourashtrapete, Chickpet, Bengaluru and
thereafter petitioner and other accused persons have failed to
pay the EMI and when the complainant bank went to affix the
SARFACEI notice then they have noticed that petitioner and
other accused persons without obtaining NOC from the said
bank have sold the apartments and have committed breach of
trust and thereby committed the alleged offences punishable
under section 406 and 420 R/w. Section 34 of IPC.

6. Now, it is the contention of the petitioner that she has
not at all committed the alleged offences and they were
regularly paying the EMIs to the Bank & due to Covid-19
pandemic during the year 2020-2021 the petitioner & other
accused persons went on postponing the repayment of the
loan and she is just a co-borrower and she does not know
anything about the transaction as alleged.

7. On the other hand though the prosecution has
opposed the case of the petitioner that if the petitioner is
granted anticipatory bail then she may abscond and tamper
the prosecution witnesses is concerned, the same do no hold
any water as the copy of the Aadhar Card one produced by
the petitioner clearly shows that she is the permanent
resident of the address as mentioned in the cause title of the
petition and her presence can be easily secured before the
Crl. Misc. No.5980/2022
court.

8. And more over since the alleged offences under
Section 406 and 420 R/w. Section 34 of IPC are not at all
punishable with death or life imprisonment & since the I.O.
report allegedly shows that the petitioner has not at all sold
the alleged flats but have given them on rent and since it is
an admitted fact that the alleged apartment has been
mortgaged to the said Bank and the bank authorities have
also initiated SARFACEI Proceedings
& since the alleged
offences against the petitioner has to be decided through a
thorough trial and since the alleged offences appears to be
civil in nature and since in the ruling of 2020(1) KCCR SN
29 (SC) it has been clearly held that – ‘When the matter is
civil in nature, the continuation of criminal proceedings
will be abuse process of law’ since the alleged offences
against the petitioner has to be decided thorough a through
trial and since the apprehension of the prosecution could be
met by imposing stringent conditions then looking into the
nature and gravity of the alleged offences, I am of the
considered opinion that the petitioner has made out a primafacie case for grant of anticipatory bail subject to conditions
and accordingly, I have answered the above point No.1 in
affirmative.

Crl. Misc. No.5980/2022
9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:O R DE R
The anticipatory bail petition one filed by
the petitioner u/s 438 of Cr.P.C., is hereby
allowed subject to following conditions;
1. That in the event of arrest of the
petitioner in Cr. No.91/2022 of respondent
Police
she
shall
be
released
on
bail
on
executing a personal bond for Rs.1,00,000/with one surety for like sum amount.
2. That the petitioner shall appear before
the I.O. within 30 days from the date of this
order and shall co-operate in the matter of
investigation or whenever called by the I.O.
3. That the petitioner shall mark her
attendance before the respondent Police Station
once in a month on 2nd Saturday of every month
till filing of charge sheet.
4. That the petitioner shall not hold any
threat to the complainant and shall not tamper
with any of the prosecution witnesses directly or
indirectly.

Crl. Misc. No.5980/2022
5. That the petitioner shall not leave the
jurisdiction of the court without prior permission
6. That the petitioner shall furnish her
residential address proof and that of her surety.
7. That the petitioner shall not indulge in
similar type of offences in future.
8. That the petitioner shall appear before
the trial court regularly without fail on receipt of
the summons.
9. That if the petitioner fails to obey any of
the above said conditions, then this bail order
automatically stands cancelled.
(Dictated to the Stenographer directly on the computer, corrected, signed and then pronounced by
me in the open Court on this the 1st day of July, 2022).

(R.RAVI)
LXI ACC & SJ, B’luru
Crl. Misc. No.5980/2022
01.07.2022
P-PHN
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:-
ORDER
The anticipatory bail petition
one filed by the petitioner u/s 438 of
Cr.P.C., is hereby allowed subject to
following conditions;
Crl. Misc. No.5980/2022
1. That in the event of arrest of
the petitioner in Cr. No.91/2022 of
respondent
released
Police
on
bail
she
on
shall
be
executing
a
personal bond for Rs.1,00,000/- with
one surety for like sum amount.
2.

That
the
petitioner
shall
appear before the I.O. within 30 days
from the date of this order and shall cooperate in the matter of investigation or
whenever called by the I.O.
3. That the petitioner shall mark
her attendance before the respondent
Police Station once in a month on 2 nd
Saturday of every month till filing of
charge sheet.
4. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
5. That the petitioner shall not
leave
the
jurisdiction
without prior permission
of
the
court
Crl. Misc. No.5980/2022
6.

That
the
petitioner
shall
furnish her residential address proof
and that of her surety.
7. That the petitioner shall not
indulge in similar type of offences in
future.
8. That the petitioner shall appear
before the trial court regularly without
fail on receipt of the summons.
9. That if the petitioner fails to
obey any of the above said conditions,
then
this
bail
order
automatically
stands cancelled.

(R.RAVI)
LXI ACC & SJ, B’luru
Crl. Misc. No.5980/2022
Crl. Misc. No.5980/2022