KABC010161082022
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 23rd day of June, 2022
: Crl.Misc.No. 6002/2022:
PETITIONERS:-
1. Mohan Gunderahalli Mahalingappa
S/o Mahalingappa
Aged about 36 years
R/at No. 331, Kanaka Nagar
Near Water Tank, VV Extension,Hosakote,
Bengaluru-562 114.
2. Arjun Gunderahallimahalingappa
S/o Mahalingappa
Aged about 39 years.
R/at No. 331, Kanaka Nagar
Near Water Tank, VV Extension, Hosakote,
Bengaluru-562 114.
3. Geethakrishna
W/o Ashwath
Aged about 35 years
R/at No. 311, 3 P S 74
Srimailaralingeshwara Nilaya
Kanaka Nagar, Near Water Tank
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Crl.Misc.No.6002/2022
V.V.Extension, Hosakote
Bengaluru-562 114.
(By Sri. Vellanki Ravi, Adv)
V/s
RESPONDENT :
The State of Karnataka
By: Indiranagara PS
(Rep. by: Public Prosecutor)
ORDER
Accused No.1 to 3 in Indiranagara PS Crime No. 120/2022
have filed this bail application for anticipatory bail under Sec. 438 of
Cr.P.C. Accused No.1 to 3 are alleged to have committed offence
under Sec. 406, 420 r/w 34 of IPC.
2. Brief facts of the case as forthcoming from the first
information is :
First informant is CEO of Logic Mining and Construction Pvt.
Ltd., Hyderabad. In first information It is stated that accused No.1 to
3 are Directors of Saanvi Priaya Build Tech Pvt. Ltd. Accused No.1
to 3 had obtained tender for Rajiv Gandhi Housing Society project
under which more than 400 houses were to be constructed. On the
basis of introduction given by Manish Chug and Teg Singh, first
informant approached accused No.1 to 3 after due negotiations a
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Crl.Misc.No.6002/2022
MOU dated 16.7.2021 was entered into, in terms thereof accused
No.1 to 3 made the first informant to part with Rs 70 lakhs.
Subsequently
in April
2021
first
informant
learnt
that
the
project/tender was not at all awarded to Saanvi Priaya Build Tech
Pvt. Ltd. Thus, on the allegation of cheating first information was
lodged for recovery of company financials.
3. Accused No.1 to 3 have urged the following grounds :
The alleged offences are not punishable with death or
imprisonment for life, offences alleged are triable by
Magistrate.

The petitioners are law abiding citizens and have deep roots in the
society, they are law abiding citizens and are permanent residents,
having abode and business in Bangalore and the petitioners would
neither abscond nor delay the proceedings. Hence prayed for grant
of anticipatory bail.
4. Learned PP has filed objections to the bail application along
with memo of instructions given by I.O. The averments of the first
information is reiterated. In objections it is stated that If accused
are released on bail, they will abscond, threaten the witness and
destruct the evidence collected against them. I.O. has stated that
several transaction that have taken place between first informant
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Crl.Misc.No.6002/2022
and accused persons, they are to be ascertained. Investigation is
yet to be completed, bail shoud not be granted.
5. Heard the learned Advocate for petitioners and the learned
Public Prosecutor.
6. The point that arise for consideration is :
(1) Whether Anticipatory bail application filed by
accused No.1 to 3 deserves to be allowed ?
7. My finding to the above point is in the Affirmative, for the
following :REASONS
8. Point No.1: Perusal of the record discloses that totally Rs
70 lakhs has been paid by first informant on 5.8.2021, 24.8.2021
and 25.8.2021 to compant owned by A-1 to 3. Copy of MOU is also
filed with bail application.

Clause 2 of MOU stipulates that first
informant company has to pay Rs 70 lakhs to company owned by
accused No.1 to 3. Clause 21 of said MOU contains an Arbitration
clause. Tenor of the first information is for recovery of money from
accused No.1 to 3.

There is a clear background of civil dispute
between the parties. Whether civil dispute is being given colour of
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criminal litigation is
Crl.Misc.No.6002/2022
the question . Allegations made against the
accused are to proved in full fledged trial. At this juncture primafacie it appears that other remedies are also available to the first
informant.

The investigation in these kind of cases is based on
documentary evidence which cannot be tampered or altered.
Further offence alleged against accused No.1 to 3 are not
punishable with life or death imprisonment.

Considering these
aspects, I answer the above point in the Affirmative and proceed to
pass the following :
ORDER
Anticipatory Bail application filed by accused
No.1 to 3 in Indiranagara PS Crime No. 120/2022 is
hereby allowed. Accused No.1 to 3 shall be released
on bail in the event of their arrest subject to the
following :
CONDITIONS
1. Accused No.1 to 3 shall execute personal bond
for Rs 50,000/- each with a surety for likesum.
2. Accused No.1 to 3 shall appear before the I.O.
on or before 30.06.2022 and co operate with the
investigation in all respects.

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Crl.Misc.No.6002/2022
3. Accused No.1 to 3 shall not tamper with the
prosecution witness and shall appear before the Court
on all dates of hearing.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 23 rd day of June, 2022)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru
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Crl.Misc.No.6002/2022