KABC010087622024
IN THE COURT OF LXVI ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY (CCH-67)
PRESENT
SHRI. HEMANTH KUMAR. C.R ,
B.A.L., L.L.B.,
LXV Addl. City Civil & Sessions Judge,
I/C LXVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 5th day of April, 2024
Crl.Misc.No.3109/2024
PETITIONER/S:-
1.

NANDINI. H.P,
w/o Eregowda. J.G.
Aged about 49 years,
R/at 11th Cross, V.V. Nagar,
Kallahalli, Mandya,
2.

PREETHI. J.E,
d/o Eregowda. J.G.
Aged about 27 years,
R/at 11th Cross, V.V. Nagar,
Kallahalli, Mandya,
(By Sri. MDB., Advocate)
V/s.

RESPONDENT:-
STATE OF KARNATAKA,
By Kamakshipalya Police Station,
Bengaluru.
(Rep. by Public Prosecutor)
Crl.Misc.No.3109/2024
2
ORDER ON PETITION FILED UNDER
SECTION 438 OF CR.P.C.
This petition is filed under Section 438 of Cr.P.C., seeking
anticipatory bail to the petitioners in Crime No.118/2024 registered by
the Kamakshipalya police for the offence punishable under Sections
420, 504, 506 of IPC.
2.

Brief facts of the case are as follows.-
The complainant has lodged the complaint alleging that she is
residing at Kara Balaji Heights, Nagarabhavi, Bengaluru along with her
family from 2018 till 2019 and in the year 2018, the petitioner No.1 was
residing in the rented house in front of the complainant’s house and
the petitioner No.1 informed the complainant that she has two children
one by name Preethi, studying Architecture in Ramaiah College,
Bengaluru and 2nd child is mentally retarded and she is bearing lot of
expenses to treat her 2nd child.

The petitioners No.1 and 2 often
visited the complainant house and they were in good terms with the
complainant and one who was love and affection and gained the trust
of the complainant, the petitioners approached the complainant and
sought for financial help as the petitioners were facing serious financial
issues in order to bear the educational expenses of petitioner No.2 and
asked the complainant to lend a sum of Rs.3,00,000/- and informed
that they would return back the entire amount within a span of six
months. The complainant by trusting the petitioners had transferred a
sum of Rs.20,000/- on 07.09.2018, Rs.20,000/- and Rs.50,000/- on
08.09.2018, Rs.20,000/- and Rs.50,000/- on 09.09.2018 through
Google
pay
&
Phonepe
from
her
bank
account
bearing
No.3194101002297 of Canara Bank, Nagarabhavi 2nd Stage.

The
complainant has also transferred a sum of Rs.40,000/- on 04.09.2018,
Crl.Misc.No.3109/2024
3
Rs.30,000/-
on
05.09.2018,
Rs.25,000/-
on
07.09.2018
and
Rs.17,000/- on 19.09.2018 through Google Pay and Phonepe from her
bank account bearing No.64039809205 of SBI Bank, Nagarabhavi 2nd
Stage, totally amounting to Rs.2,92,000/- to the bank account of the
petitioner No.1 and subsequently the petitioner No.1 has paid a sum of
Rs.12,000/- to the complainant and gained her trust.

On 03.11.2018
the petitioners visited and informed that there is a family function and
her to give her gold chain and would return back once the function is
done and took her gold chain weighing 51.710 grams and did not
return back. The complainant came to know that the petitioner No.1
has pledged the said gold chian with Manapuram Gold Finance,
Anjana Nagar standing in the name Bhaya, a friend of petitioner No.1
for a sum of Rs.1,10,000/- and the petitioners having taken a sum of
Rs.2,80,000/- and a gold chain weighing 51.710 grams and with an
intention to cheat and did not return the same.

The complainant
visited the house of the petitioners situated at Annapurneshwri Nagar,
they abused the complainant with filthy language and unparliamentary
words and informed that they are not liable to pay any amount and
warned the complainant with dire consequences.

Alleging the same
the complainant has lodged the complaint. The police on receipt of the
said complaint have registered the case in Crime No.118/2024 for the
offences punishable under Sections 420, 504, 506 of IPC.
3.

The petitioners being aggrieved by the same, have
preferred this bail petition on the following among other grounds. The
petitioners submit that they are innocent of the alleged offences. The
petitioners submit that they have paid back a sum of Rs.2,75,000/- to
the complainant, out of which Rs.1,75,000/- has been transferred vide
Phonepe from the bank account of the petitioner No.1 to the bank
4
Crl.Misc.No.3109/2024
account of the complainant on 23.03.2024 and Rs.1,00,000/- has been
paid through cash. The petitioners submit that the offences alleged
against the petitioners are not punishable with imprisonment for life or
death and also has further contended that the complaint averments
prima facie does not attract the alleged offences against the
petitioners. The petitioners submit that they are ready and willing to
abide by the terms and conditions imposed by this court and also cooperate with the investigation. Hence, prays to allow the bail petition.
4.

After service of notice, the learned Public Prosecutor has
appeared and filed objections contending that the offence alleged
against the petitioners are grievous in nature and also has further
contended that the petitioners the complaint averments prima facie
shows that the petitioners have committed the alleged offences and
the amount involved in the alleged offences is huge and has further
contended that as the case is still under stage of investigation at this
stage if the bail petition of the petitioners are allowed, there is every
chances of petitioners threatening the prosecution witnesses, destroy
the evidence, abscond and hamper the trial. Hence, prays to reject
the bail petition.
5.

Heard the arguments. Now the points that arise for my
consideration are:
6.

1.

Whether the petitioners have made out
sufficient grounds to allow the petition
filed under Section 438 of Cr.P.C?

2.

What order?
My answer to the above points are.Point No.1:–
In the Affirmative
Point No.2:–
As per final order
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Crl.Misc.No.3109/2024
for the following
REASONS
7.

Point No.1:- The petitioners counsel has addressed the
arguments contending that the petitioners are innocent of the alleged
and they have paid back a sum of Rs.2,75,000/- to the complainant,
out of which Rs.1,75,000/- has been transferred vide Phonepe from
the bank account of the petitioner No.1 to the bank account of the
complainant on 23.03.2024 and Rs.1,00,000/- has been paid through
cash. The petitioners counsel has further contended that the offences
alleged against the petitioners are not punishable with imprisonment
for life or death and also has further contended that the complaint
averments prima facie does not attract the alleged offences against
the petitioners. The petitioners counsel has further contended that the
petitioners are ready and willing to abide by the terms and conditions
imposed by this court and also co-operate with the investigation.
Hence, prays to allow the bail petition.
8.

The learned Public Prosecutor has addressed the
arguments contending that the offence alleged against the petitioners
are grievous in nature and also has further contended that the
petitioners the complaint averments prima facie shows that the
petitioners have committed the alleged offences and the amount
involved in the alleged offences is huge and has further contended that
as the case is still under stage of investigation at this stage if the bail
petition of the petitioners are allowed, there is every chances of
petitioners threatening the prosecution witnesses, destroy the
evidence, abscond and hamper the trial. Hence, prays to reject the
bail petition.

6
9.

Crl.Misc.No.3109/2024
On perusal of the records it is noticed that the complainant
and the accused persons are known to each other and the accused
persons were staying opposite in the house of the complainant and the
accused No.1 informed the complainant that she has two children one
by name Preethi, studying Architecture in Ramaiah College, Bengaluru
and 2nd child is mentally retarded and she has to bear expenses to
treat her 2nd child and the petitioners No.1 and 2 often visited the
complainant house and they were in good terms with the complainant
and had gained her trust and sought for financial help as they were
serious financial crises in order to bear the educational expenses of
petitioner No.2 and asked the complainant to lend a sum of
Rs.3,00,000/- and informed that they would return the same within six
months.

The complainant by trusting the accused persons has
transferred various amount through Google pay & Phonepe from her
bank account and paid
a total sum of Rs.2,92,000/- to the bank
account of the accused No.1 and the accused No.1 having paid a sum
of Rs.12,000/- to the complainant and had gained the trust of the
complainant.

On 03.11.2018 the accused persons visited the house
of the complainant and and informed that there is family function and
requested her to give her gold chain and would return back once the
function is completed and put the gold chain weighing 51.710 grams
and did not return the said chain and the complainant came to know
that the accused No.1 has pledged the said gold chain with
Manapuram Gold Finance, Anjana Nagar standing in the name Bhaya,
for a sum of Rs.1,10,000/-. When the complainant visited the house of
the accused persons at Annapurneshwri Nagar and asked the
petitioners to pay the amount and also return her gold chain and the
accused persons abused the complainant with filthy language and
unparliamentary words and informed the complainant that they are not
7
Crl.Misc.No.3109/2024
liable to pay any amount and warned the complainant with dire
consequences.

Alleging the same the complainant has lodged the
complaint. The police on receipt of the said complaint have registered
the case in Crime No.118/2024 for the offences punishable under
Sections 420, 504, 506 of IPC. On perusal of the records it is noticed
that the offences alleged against the petitioners are under Sections
420, 504, 506 of IPC.

The said offences alleged against the
petitioners not punishable with imprisonment for life or death. The
petitioners have contended that they are ready and willing to abide by
the terms and conditions imposed by this court and also and also cooperate with the investigation. The apprehension of the prosecution is
that if the bail petition of the petitioners are allowed there is every
chances of petitioners threatening the prosecution witnesses, destroy
the evidence, abscond and hamper the trial. On perusal of the records
it is noticed that the case is still under the stage of investigation and at
this stage it cannot be said that the petitioners have committed the
alleged offences. The petitioners have contended that they are ready
and willing to abide by the terms and conditions imposed by this court
and also co-operate with the investigation. As the case is still under
the stage of investigation and the petitioners having contended that
they are ready and willing to abide by the terms conditions imposed by
this court and also co-operate with the investigation.

The said
apprehension of the prosecution can be satisfied by imposing stringent
conditions.

Admittedly, the petitioners are resident of the address
shown in the cause title.

If at all during the course of trial, the
prosecution is able to prove the guilt of the petitioners, they can be
dealt with in accordance with law. Considering all these facts, I am of
the opinion that the petitioners can be enlarged on bail by imposing
Crl.Misc.No.3109/2024
8
certain conditions, which would meet the apprehension of prosecution.
Accordingly, I answer the point No.1 in the ‘Affirmative’.
10.

Point No.2:- In view of the findings given on point No.1, I
proceed to pass the following.ORDER
The petition filed by the petitioners under
Section 438 Cr.P.C., is hereby allowed.
The respondent Kamakshipalya police
are hereby directed to release the petitioners
on bail in the event of their arrest in Crime
No.118/2024
registered
for
the
offence
punishable under Sections 420, 504, 506 of
IPC, on execution of personal bond for
Rs.1,00,000/- with one surety each for the
likesum subject to the following
CONDITIONS:1.

The petitioners shall appear before the
court on all dates of hearing and shall cooperate with the investigation.

2.

The petitioners shall appear before the
I.O whenever they are called upon for the
purpose of investigation.

3.

The petitioners shall not tamper with the
evidence and shall not threaten, induce
allure the prosecution witnesses in
whatsoever manner.

4.

The petitioners shall not involve in any
criminal activity.

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5.

The petitioners shall produce
permanent address proof document.

Crl.Misc.No.3109/2024
the
(Dictated to the Stenographer, transcribed by her, corrected and then pronounced by
me in the Open Court on this 5th day of April, 2024.)

(HEMANTH KUMAR. C.R)
LXV Addl. City Civil & Sessions Judge,
I/C LXVI Addl. City Civil & Sessions Judge,
Bengaluru.