1
Crl.Misc.No.3215/2024
KABC010090752024
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
: Present :
Sri.T.Govindaiah, B.Com., LLB.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 6th Day of April, 2024.
Crl.Misc.No.3215/2024
PETITIONER
1. Mrs.M.Susheela
Aged about 46 years
W/o Late Munirajunaidu
2. Miss. Revathi M
Aged about 29 years
D/o Late Munirajunaidu
3. Miss. Rakshitha M
Aged about 25 years
D/o late Munirajunaidu
4. Mr.Girish Kumar M
Aged about 26 years
D/o late Munirajunaidu
Crl.Misc.No.3215/2024
2
All are R/at No.326/A/1,
1st Floor, 6th Cross, Contour road,
HBCS Layout, 2nd Stage,
Padmanabhanagar
Bengaluru
(By Sri.Rajagopal Naidu Advocate)
V/s
RESPONDENT
State of Karnataka
By: Banashankari
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
This petition is filed by the petitioners under Section
438 of Cr.P.C. for bail in the event of their arrest in
Cr.No.70/2024 by the respondent police for the offences
punishable under Sec.420, 417, 504 R/w Sec.34 of IPC
pending on the file of II Addl. Chief Metropolitan
Magistrate, Bengaluru.
2. The petitioners have sought for anticipatory bail
on the grounds that, the complainant made false
3
Crl.Misc.No.3215/2024
allegations against the petitioners. The petitioners have
lost their peace of mind due to false implication made by
the complainant. They are ready to abide by the
conditions that may be imposed. They are innocent. They
have been falsely implicated.
3. The prosecution has filed statement of objections
along with report of IO narrating the facts of the case.
Further the petitioners have not made out any grounds
for grant of anticipatory bail. If the petitioners are
granted the relief of anticipatory bail they may abscond
and may not co­operate with the investigation. They may
tamper with the prosecution witnesses. Hence sought for
dismissal of the petition.
4.
5.

Heard the arguments of both sides.
The
following
points
arise
for
determination:­
1. Whether the petitioners are entitled
for anticipatory bail as provided
under Section 438 of Cr.P.C.?

my
Crl.Misc.No.3215/2024
4
2. What order?
6.

My findings on the above said points are as
follows;
Point No.1
:
In the Affirmative
Point No.2
:
As per final order, for the
following :­
REASONS
7.

Point No.1:­
as could be seen from the
prosecution papers it is clear that, on 18.03.2024 the
complainant
lodged
complaint
alleging
that
on
09.12.2023 she got a house bearing No.326/A, 2 nd Floor,
6th Cross, Counter road, HBCS layout, 2nd Stage,
Padmanabhanagar on lease by paying lease amount of
Rs.9,50,000/­.

But
the
petitioners
have
already
mortgaged the said property before Malleshwaram Co­
operative bank and obtained loan. The petitioners have
not repaid the said loan. During December 2023 the said
bank have issued notice to the petitioners. But the
petitioners suppressed the said matter and gave the
5
Crl.Misc.No.3215/2024
house on lease. On 16.03.2024 the officials of said bank
came to the house of complainant and informed about
auction of the said house and also instructed to vacate
the house. When the complainant enquired about the
same before the petitioners, the petitioner
abused the
complainant in a filthy language and also not repaid the
amount to the complainant. Hence the complainant filed
the complaint against the petitioners.
8. According to the petitioners the complainant is a
tenant under the petitioners. They are permanent
resident of Bengaluru. From the documents produced by
the petitioners it appears the alleged dispute is a civil
dispute. They are ready to furnish surety. They are also
ready to abide by the conditions that may be imposed.
Therefore at this stage it cannot be said the the
petitioners have cheated and deceived the complainant
by not making payment of lease amount. The facts placed
by both the petitioner and complainant goes to show that
Crl.Misc.No.3215/2024
6
the dispute is evident from the documents. Under such
circumstances there is no necessity for any custodial
investigation of the petitioners. The petitioners claims to
be the permanent resident of Bengaluru and has
undertaken to co­operate with the investigation and to
abide
by
the
conditions
that
may
be
imposed.

Apprehension of the prosecution can be met with by
imposing
conditions.

Hence
in
the
facts
and
circumstances of the case the court is of the view that the
petitioners are entitled for the relief claimed. Accordingly,
point No.1 answered in the Affirmative.
9.

Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:­
ORDER
The petition filed by the petitioners under
Section 438 of Cr.P.C., is hereby allowed.
The petitioners are ordered to be released
on
bail
in
the event
of their
arrest in
Cr.No.70/2024 by the respondent police for
7
Crl.Misc.No.3215/2024
the offences punishable under Sec.420, 417,
504 R/w Sec.34 of IPC pending on the file of II
Addl.

Chief
Metropolitan
Magistrate,
Bengaluru subject to the following conditions:­
1)
The
petitioners
shall
execute
personal­bond for Rs.1,00,000/­ each with one
Surety for the like sum to the satisfaction of
trial court within 15 days from the date of this
order.
2) The petitioners shall co­operate with
the investigation and shall appear before the
IO as and when called for.
3) The petitioners shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the
facts of the case or tamper with the evidence.
4) The petitioners shall furnish their
residential address proof.
5) The petitioners shall not leave the
jurisdiction of the court without prior
permission of the learned Magistrate.
(Dictated to the Stenographer directly on computer, corrected and then
pronounced by me in the Open Court on this the 6th Day of April, 2024)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

8
Crl.Misc.No.3215/2024
9
Crl.Misc.No.3215/2024
10
Crl.Misc.No.3215/2024
Order pronounced in open
Court (Vide separate order)
ORDER
The petition filed by the
petitioners under Section 438 of
Cr.P.C., is hereby allowed.
The petitioners are ordered to
be released on bail in the event
of their arrest in Cr.No.70/2024
by the respondent police for the
offences
punishable under
Sec.420, 417, 504 R/w Sec.34
of IPC pending on the file of II
Addl.
Chief
Metropolitan
Magistrate, Bengaluru subject
to the following conditions:­
11
Crl.Misc.No.3215/2024
1)
The
petitioners
shall
execute
personal­bond
for
Rs.1,00,000/­ each with one
Surety for the like sum to the
satisfaction of trial court within
15 days from the date of this
order.
2)
The petitioners shall co­
operate with the investigation
and shall appear before the IO
as and when called for.
3) The petitioners shall not
directly or indirectly make any
inducement, threat or promise
to any person acquainted with
the facts of the case or tamper
with the evidence.
4) The petitioners shall furnish
their residential address proof.
5) The petitioners shall not
leave the jurisdiction of the
court without prior permission
of the learned Magistrate.

LVI Addl.City Civil & Sessions
Judge, Bengaluru.

12
Crl.Misc.No.3215/2024