KABC010158882022
IN THE COURT OF THE LII ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-53)
Dated this the 24th day of June, 2022
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.5915/2022
Petitioner:
Sri. M.S.Kemparaju
S/o M.K.Sheshadri,
Aged about 56 years,
R/at No.2, M.M. Cross, Marappa
Garden, JC Nagar, Bengaluru
North, Bengaluru – 560046.
(Accused No.1)
(By Sri.Nataraja H.J., Advocate)
-V/S-
Respondent :
State of Karnataka
By J.C.Nagar police station,
Bangalore.
(Represented
Prosecutor)
by
learned
Public
Crl.Misc.No.5915/2022
2
ORDER
This petition is filed by the petitioner u/s.438 of Cr.P.C.,
praying to grant anticipatory bail to him in the event of his
arrest
by
respondent
police
in
Cr.No.46/2022
(PCR.No.7579/22) for the offences punishable u/Sec.420 and
120B r/w Sec.34 of IPC, pending on the file of 8 th ACMM,
Bengaluru.
2.

It is stated in the petition that one Shamsher
Ahmed had filed a private complaint u/Sec.200 of Cr.P.C.
before 8th ACMM, Bengaluru in PCR No.7579/2022 against the
petitioner and others alleging the offences punishable
u/Sec.420 and 120B r/w Sec.34 of IPC. It is further stated
that, the said private complaint was referred to respondent
police u/s 156(3) of Cr.P.C. for further investigation. The
respondent
have
registered
Cr.No.46/2022
against
the
petitioner and others. The petitioner is shown as accused No.1
in FIR. It is further stated in the petition that the petitioner is
innocent and he has not committed any offences as alleged
against him. The petitioner has been falsely implicated in the
aforesaid crime number. The petitioner is law abiding citizen
and there are no bad antecedents against the petitioner and
he has got deep roots in the society and also having
immovable and movable properties. He is only bread earning
member of his family and he has to look after his wife and
children education and future. He is diabetic patient and also
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Crl.Misc.No.5915/2022
have heart ailments. The petitioner is ready to abide by any
terms and conditions that may be imposed by the court for his
enlargement on bail. The petitioner is ready and willing to offer
surety to the satisfaction of the court. Hence, the petitioner has
prayed to allow the petition.
3.

The learned Public Prosecutor has filed the
objection to the petition along with I.O. report by opposing the
grant of anticipatory bail to the petitioner on the ground that
the offences alleged to have been committed by the petitioner
is grave in nature and against to society. It is further stated in
the objection that the petitioner and others have sold the
property No.4647 to the informant with the help of created
documents and they have received Rs.30,90,000/- from the
informant. The petitioner has also sold the said property to
one Balvanth Singh on 28.12.1973 and also executed
agreement to one Narendra on 14.07.2020.

Hence, the
petitioner and other accused have cheated the informant. It is
further stated in the objection that the case is still investigation
stage. It is further stated in the objection that if he is enlarged
on bail he will abscond and he may not appear before the
court during trial. It is further stated in the objection that if the
petitioner is enlarged on bail, he will commit similar offences in
future. The petitioner may threaten the informant and other
prosecution witnesses. Hence, the Learned Public Prosecutor
has prayed to reject the petition filed by the petitioner.

Crl.Misc.No.5915/2022
4
4. Heard the arguments of Learned Public Prosecutor
and Learned counsel for the petitioner. Perused the petition,
objection and other materials on record.
5. Having done so, the following points will arise for my
consideration:
(1) Whether the petitioner has made out
grounds for granting anticipatory bail
u/s.438 of Cr.P.C.,?
(2) What order?
6.

My findings on the above points are as under:
(1) Point No.1
..

In the Affirmative
(2) Point No.2
..

As per final order
for the following:
REASONS
7.

Point No.1:- It is to be noted here that, one
Shamsher Ahmed had filed a private complaint against the
petitioner by alleging the offences punishable u/Sec.420 and
120B r/w Sec.34 of IPC, on the file of 8 th ACMM, Bengaluru.
The said private complaint was referred to respondent police
u/s 156(3) of Cr.P.C. for further investigation. The respondent
have registered Cr.No.46/2022 against the petitioner and
others. The petitioner is shown as accused No.1 in the FIR.
8.

The petitioner has produced the certified copy of
FIR, information and private complaint. It is alleged in the FIR
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Crl.Misc.No.5915/2022
that the petitioner and others have sold the property No.4647
to the informant with the help of created documents and they
have received Rs.30,90,000/- from the informant.

The
petitioner has also sold the said property to one Balvanth
Singh on 28.12.1973 and also executed agreement to one
Narendra on 14.07.2020.

Hence, the petitioner and other
accused have cheated the informant.
9. The offences alleged against the petitioner are nonbailable in nature. Since FIR is registered against the
petitioner by alleging the commission of non-bailable offence,
the petitioner has filed the present petition under the
apprehension of his arrest by the respondent police. It is
alleged in the petition that the respondent police are making
hectic efforts to arrest the petitioner and he has got reasonable
apprehension of his arrest by the respondent police. Since
non-bailable offence is alleged against the petitioner, there is
possibility of arrest of the petitioner by the respondent police
during the course of investigation of the case.
10.

The offences alleged against the petitioner are not
exclusively punishable with death or imprisonment for life. The
alleged offences are triable by the Learned Magistrate.
Whether the petitioner has cheated the informant in manner as
alleged in the information or not has to be adjudicated only
after full-fledged trial. The investigation of the allegations made
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Crl.Misc.No.5915/2022
in the complaint is mainly depending upon the documentary
evidence. The custodial interrogation of the petitioner is not
necessary for further investigation of the case. If the petitioner
is arrested by the respondent police without following the
guidelines of the Hon’ble Supreme Court of India in Arnesh
Kumar’s case, the petitioner would be put to unnecessary
hardship and humiliation.
11.

The petitioner is ready and willing to abide by any
terms and conditions that may be imposed by the court for his
enlargement on bail. The petitioner is ready and willing to offer
surety to the satisfaction of the court. The petitioner is also
ready to co-operate with the investigation of the case. The
petitioner is the permanent resident of the Bengaluru and he is
residing within the jurisdiction of this court and learned
magistrate. As such, there is no chances of petitioner
absconding or fleeing from justice.

The presence of the
petitioner during the course of investigation may be secured by
imposing suitable terms and conditions. The apprehension of
the Learned Public Prosecutor and Investigating Officer can be
make good by imposing suitable terms and conditions. Hence,
by considering the reasonable apprehension of arrest of the
petitioner by respondent police with respect to non-bailable
offences and by considering the fact that there is no chances
of the petitioner absconding or fleeing from justice and by
considering the fact that the petitioner is ready to abide by any
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Crl.Misc.No.5915/2022
terms and conditions imposed by this court for his enlargement
on bail and by looking into the nature and gravity of the
offence alleged against the petitioner, I am of the opinion that
anticipatory bail as prayed for by the petitioner may be granted
by imposing suitable terms and conditions. Hence, the petition
filed by the petitioner is deserves to be allowed. Accordingly,
I answer the above point in the Affirmative.
12. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioner u/Sec.438 of
Cr.P.C., is hereby allowed.
The respondent police shall release the
petitioner/accused No.1 on bail in the event of his arrest
in Crime No.46/2022 of J.C.Nagar police station for the
offences punishable u/Sec.420 and 120B r/w Sec.34 of
IPC, pending on the file of learned 8 th ACMM court,
Bangalore, on petitioner executing personal bond for a
sum of Rs.1,00,000/- with one surety for likesum to the
satisfaction of the Learned Magistrate on the following
further conditions:CONDITIONS
(1) The petitioner shall appear before the Investigating Officer
within three weeks from the date of this order and he shall
furnish all necessary information and documents to the
Investigating Officer.

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Crl.Misc.No.5915/2022
(2) The petitioner shall appear before the Investigating Officer
as and when called for and he shall co-operate with
investigation of the case.
(3) The petitioner 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 him from
disclosing such facts to the court or any police officer or any
hamper with the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior permission
of the court.
(6) The petitioner shall not commit any offences of similar or
any other offences in future.
(7) Violation of any of the aforesaid terms and conditions would
entitle for cancellation of bail of the petitioner.
(Dictated to the Stenographer, directly on computer, corrected
and then pronounced by me in the open court on this the 24 th
day of June, 2022).
(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

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Crl.Misc.No.5915/2022
Order pronounced in the open court
(vide separate order)
ORDER
The petition filed by the petitioner u/Sec.438 of
Cr.P.C., is hereby allowed.
The
respondent
police
shall
release
the
petitioner/accused No.1 on bail in the event of his arrest in
Crime No.46/2022 of J.C.Nagar police station for the
offences punishable u/Sec.420 and 120B r/w Sec.34 of
IPC, pending on the file of learned 8 th ACMM court,
Bangalore, on petitioner executing personal bond for a sum
of Rs.1,00,000/- with one surety for likesum to the
satisfaction of the Learned Magistrate on the following
further conditions:CONDITIONS
(1) The petitioner shall appear before the Investigating Officer
within three weeks from the date of this order and he shall
furnish all necessary information and documents to the
Investigating Officer.
(2) The petitioner shall appear before the Investigating Officer
as and when called for and he shall co-operate with
investigation of the case.
(3) The petitioner 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 him from
disclosing such facts to the court or any police officer or any
hamper with the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior permission
of the court.

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Crl.Misc.No.5915/2022
(6) The petitioner shall not commit any offences of similar or
any other offences in future.
(7) Violation of any of the aforesaid terms and conditions would
entitle for cancellation of bail of the petitioner.

Judge,
LII Addl. City Civil & Sessions
Bangalore.