IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 1 st DAY OF JULY, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
Crl.Misc.No.6046/2022
Petitioner
Manish Keshwani,
S/o Late.Motilal
Keshwani,
Aged about 28 years,
R/at Deepa Mulani, Villa
No.79/B, Shobha
Malachit Alfima, Jakkur
Plantation, Yelahanka,
Bengaluru.
Permanent Address:
No.1187/P,
Pushpaknagar,
Adharthal, Jabbalpur,
Mandhya Pradesh.
(By Sri.Venkateshappa,
Adv.)

AND
Respondent State of Karnataka
Yelahanka P S,
Bangalore.
(By the learned Public
Prosecutor)
Crl.Misc.No.6046/2022
2
ORDER ON BAIL APPLICATION FILED U/S.439
OF Cr.P.C.
The petitioner has filed this petition u/s.439 of
Cr.P.C., praying to enlarge him on bail in Crime
No.148/2022 of Yelahanka police station for the
offences punishable U/sec.354, 417, 420, 379 of IPC.
2. The facts are as under:
The complainant has invested huge amount
in D.M.Wealth Management belong to the petitioner.
She sold Shobha City Property in December 2021
and deposited entire amount in the said investment
company.

During March 2022, the petitioner told
that he is going to sell his property situated at
Jabbalpur and return back all money to the
investors/depositors.

On
06.06.2022
about
12.30p.m, the petitioner assaulted the complainant,
committed theft of signed blank cheque and cash of
Rs.1 Crore 50 Lakh and gold worth Rs.13,50,000/-.
3. Grounds:
1. The petitioner is innocent..

3
Crl.Misc.No.6046/2022
2. The alleged transaction was taken place in
the year 2020. The complaint is filed in the year
2022.
3. It is known fact that from the year 2020 all
business were strucked up due to Covid-19
pandemic. The petitioner had suffered huge
loss in his business.
4. The petitioner never stolen away anything
from the complainant. Both are in live-in
relationship. Due to some differences between
them, their relationship strained.
5. He is ready to abide by the conditions to
be imposed by the court.
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections and re-iterated the complaint averments.
There are sufficient materials to show the petitioner
has committed the alleged offences. Hence, prayed
for dismissal of the application.
5. Heard. Now the points that arise for my
consideration are:
1. Whether the petitioner has made
out sufficient grounds to grant
anticipatory bail ?
2. What order?

Crl.Misc.No.6046/2022
4
6.

My
findings
on
the
above
points
are
hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
REA S ON S
7.

Point
No.1:-
It
is
alleged
that
the
complainant has invested huge amount in the share
market through the petitioner. She has contended
that
the
petitioner
is
running
D.M.Wealth
Management and he promised the petitioner to pay
interest at the rate of 15 % p.a. According to her,
she invested Rs.16,50,000/- in the year 2020. She
has contended that again, she invested money in the
year 2021.

The complainant has alleged that the
petitioner has committed the theft of signed blank
cheque, assaulted and cheated her.

The certified
copy of remand application discloses that the
petitioner was arrested on 06.06.2022. It further
show that I.O. has conducted mahazar, recorded the
Crl.Misc.No.6046/2022
5
statement of witnesses and completed the major part
of the investigation. The involvement of the petitioner
is yet to be proved.
8. So there is no need to keep the petitioner
behind the bars. The custodial interrogation of the
petitioner is not necessary for further investigation of
the case. Since the petitioner is permanent resident
of Jabbalpur, Madhyapradesh, it may be difficult for
securing
his
presence
during
the
course
of
investigation. I am of the opinion that the bail
application filed by the petitioner can be allowed and
petitioner can be enlarged on bail by imposing
suitable
terms
and
conditions.

Accordingly,
I
answer point No.1 in the Affirmative.
9. Point No.2:- In view of my findings on point
No.1, I proceed to pass the following:
O RDE R
The bail petition filed by the petitioner
u/s.439 of Cr.P.C., is hereby allowed.

6
Crl.Misc.No.6046/2022
(1) The petitioner is enlarged on bail in
Crime No.148/2022 of Yelahanka police
station for the offences punishable
U/sec.354, 417, 420, 379 of IPC,
pending on the file of learned XXX
ACMM Court, Bangalore, on petitioner
furnishing
personal
bond
for
Rs.1,00,000/- and two sureties for like
sum to the satisfaction of the Court.
(2) The petitioner shall be regular in
appearing before the court on every date
of hearing as also when called upon to
do so by the trial court.
(3) The petitioner shall not tamper with
evidence or cause any threat to any of
the prosecution witness in any manner.
(4) The petitioner shall mark his
attendance before the I.O on every
Monday between 10.00a.m and 5.00p.m
till filing of final report.
(5) The petitioner shall not leave the
jurisdiction of this court without prior
permission.
(6) In the event of violation of any of the
aforesaid 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 1st day of July, 2022).

(K.S.Jyothishree)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.