KABC010087612024
IN THE COURT OF THE LXII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY [CCH.63]
Dated: This the 5 th day of April, 2024
Present: Sri. A. EARANNA, M.Com., L.L.M.,
LXII Additional City Civil & Sessions Judge,
Bengaluru City.
Crl.Misc.No. 3108/2024
Petitioner
Mr. Palanivel Subbaiah
Aged about 36 years
R/at Sethana Power Tower
11th floor, flat No.1102, 7th cross
Babusapaluya,
Agara main road,
HRBR 1st Block Kalyan nagar,
Bengaluru-569943
(By Srinivas L – Adv.).
Vs.

Respondent:
State by Cubbon Park
Police station,
Bengaluru
Rep. by Public Prosecutor.

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Crl. Misc No. 3108/2024
OR D E R
The petition is filed by the petitioner/accused under
Section 438 of Cr.P.C for an order of anticipatory bail.
2.

On the strength of complaint the Cubbon Park
police have registered the case in Crime No. 34/2024 for the
offences punishable under Sections 408, 420 and 471 of
I.P.C.
3.

In the bail petition it is contended that he is
innocent of the alleged offences and has not committed the
any offences. The respondent police have falsely implicated
the petitioner in the case on hand, on the basis of false
complaint filed by the complainant. The petitioner has roots
in the society. The offences are not punishable with death
or imprisonment for life. Petitioner is ready to furnish the
surety to release him on bail. On these grounds, the
petitioner prays to allow the bail petition.
4.

Whereas, the learned Public Prosecutor filed the
objection contending that present bail petition is not
maintainable, same is liable to be dismissed.

If the
petitioner is granted with anticipatory bail, the petitioner
may threaten the prosecution witnesses and he may destroy
the prosecution evidence or he may commit the similar kind
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Crl. Misc No. 3108/2024
of offences and the possibility of petitioner fleeing away from
justice cannot be ruled out. Inter alia, on these grounds,
pray to dismiss the bail petition.
5.

Heard both sides. Perused the record.

6.

Following points arise for consideration of this
Court:
1. Whether the petitioner is made out
grounds to enlarge him on anticipatory
bail under Section 438 of Cr.P.C.?
2.
7.

What Order?
My findings on the above Points are as
follows:
Point No.1 – In the Affirmative
Point No.2 – As per Final Order, for the
following:
R E A S ON S
8.

Point No.1:
The counsel for the petitioner
argued that petitioner has not at all committed any
offences, falsely implicated the petitioner.
offences
are
imprisonment.

not
punishable
with
The alleged
death
or
life
The petitioner is ready to abide by any
conditions that may be imposed by the court and he is
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Crl. Misc No. 3108/2024
ready to execute the bond as directed by the Court.
Therefore, he prays to allow the bail petition. On the other
hand learned Public Prosecutor argued the petitioner has
cheated the public and committed alleged offences. If the
petitioner is enlarged on bail, then there is chances of he
may tamper and hamper the prosecution witnesses, he may
threat the complainant and other witnesses and he also
abscond from the case. He may commit similar offences,
along with other grounds she prays to dismiss the bail
petition.
9.

On perusal of the records the complainant is
one of the Director of Chang Hotel Private limited. The said
company commenced providing boarding and lodging
services by name and style HM Suites and Studios. The
accused had joined the company in the year 2008 as Helper
and in the year 2016 he was promoted to Assistant
Manager. The complainant due to work pressure and
accused’s excellent work performance, complainant had
neglected and had not paid attention to the affairs of
company. The accused took advantage of the said situation
and
conducted
certain
commercial
transactions
viz.,
booking rooms, outdoor food catering, purchasing groceries
and in respect of these transactions complainant harbors a
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Crl. Misc No. 3108/2024
suspicious that the accused has falsified the accounts.
When the complainant conducted the inspection of account
of HM suites and studios, the money received from the
guests was transferred to personal google pay account of
phone
number
9945711116/9019303371.

That
cash
collected by the accused from guests and deposited to his
bank account. That the accused prepared food in the
premises of HM Suites and Studios and indulged in outdoor
catering for functions and programmes and the money
earned from such outdoor catering was deposited to
petitioner personal account thereby causing loss to the
company. The accused in the name of HM Suites and
Studios has purchased day to day groceries from whole sale
shops and delivered the said groceries to Prestige Tech
Vista
Villa
and
Inside
Prestige
Tech
Villa
Park
Kadubeesanhalli and other known places to accused
thereby causing loss to the company. The accused forged
the bills by entering the company name and he has paid
salaries to the workers from the company by making the
workers to work in other places. Hence the complaint.
Based on the complaint, the respondent police have
registered the case in Cr.No. 34/2024
for the offence
punishable under Sections 408, 420 and 471 of I.P.C.

6
10.

Crl. Misc No. 3108/2024
As per averments of the complaint, the accused
with intention to cheat the complainant company has
fabricated the bills, transferred the company money to his
account and also purchased the items in the name of
company and used it for his personal benefits. Hence the
complainant
lodged
the
complaint.

The
petitioner
contended that he has resigned to the said company. The
complaint filed by the complainant is nothing but an acto of
vengeance resorted by the complainant. On perusal of the
records the entire dispute is civil in nature and there is
financial transaction. That the alleged offences are not
punishable with death or imprisonment for life and are
triable by the Court of Magistrate.

That the offences
committed by the petitioner is to be considered during full
fledge trial. But, at this stage this Court cannot go into the
deep roots of the case. If the petitioner is arrested and sent
them behind the bar, then the personal life of the petitioner
and his reputation will be spoiled in the society.
11.

The Hon’ble Supreme Court of India in Central
Bureau of investigation Vs. V.Vijay Sai Reddy 2013 (7)
SCALE 15 was pleased to express that; “28. While granting
bail, the court has to keep in mind the nature of
accusation, the nature of evidence in support thereof, the
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Crl. Misc No. 3108/2024
severity of the punishment which conviction will entail, the
character of the accused, circumstances which are peculiar
to the accused, reasonable possibility of securing the
presence
of
the
accused
at
the
trial,
reasonable
apprehension of the witnesses being tampered with, the
larger interests of the public/ state and other similar
consideration. It has also to be kept in mind that for the
purpose of granting bail, the legislature has used the words
‘reasonable grounds for believing” instead of “the evidence”
which means the court dealing with the grant of bail can
only satisfy it as to whether there is a genuine case against
the accused and
that the prosecution will be able to
produce prima facie evidence in support of the charge. It is
not
expected,
at
this
stage,
to
have
the
evidence
establishing the guilt of the accused beyond reasonable
doubt.
12.

Further it is settled law by the catena of
decisions that “the accused is to be presumed as innocent
until guilt is proved by the prosecution in full-fledged trial by
discharging its burden of proof. Until then, it is not just and
proper to put the accused in jail as a measurement of
punishment in the pre-trail stage.” It is settled position of
law by the Catena of decisions of Hon’ble Supreme Court
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Crl. Misc No. 3108/2024
and various High Courts that “securing the presence of the
accused for trial and protection of witnesses form tampering
are the main considerations at the stage of granting bail.”
13. The petitioner claims to be the permanent resident
of address shown in the cause title of the bail petition. It is
urged that the petitioner is ready and willing to furnish
surety to the satisfaction of this Court to ensure his
attendance before the I.O and the Court and he is also
ready to abide by any conditions imposed by Court. As
such, possibility of the abscondance of petitioner is too
remote. However, the alleged offences are not punishable
with death or life imprisonment and triable by the Court of
Magistrate.
14. The apprehension and interest of the prosecution
that the petitioner may tamper with the prosecution
witnesses, flee away from justice can be taken and
safeguarded by imposing some suitable conditions. Hence
by considering all these aspects, I am of the opinion that
the petitioner is entitled for bail and accordingly, I answer
the above Point No.1 in the Affirmative.

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Crl. Misc No. 3108/2024
15. Point No.2: In view of my findings on Point No.1,
I proceed to pass the following:
OR D E R
The anticipatory bail petition filed by
the
petitioner
under
Section
438
of
Cr.P.C is hereby allowed.
The
directed
respondent
police
to
the
enlarge
are
hereby
petitioner
on
anticipatory bail in the event of his arrest in
Crime No. 34/2024 of respondent Police
Station for the offences punishable under
Sections 408, 420 and 471
execution
of
of I.P.C.

on
bond
for
personal
Rs.1,00,000/- with one surety for the like
sum on the following conditions:
1.The petitioner shall join investigation
and co-operate with I.O for investigation.
2. The petitioner shall not tamper with
the prosecution evidence or influence the
prosecution witnesses directly or indirectly
in any manner.
3. The petitioner shall not indulge with
offence of like nature.

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Crl. Misc No. 3108/2024
4. The petitioner shall appear before the
respondent police station every 2 nd Saturday
at 10.00 am to 6.00 PM before the station to
mark his attendance.
5. In case, if the petitioner violate any of
the
above
prosecution
mentioned
is
at
conditions,
liberty
to
move
the
an
application in such cases for cancellation of
bail.
(Dictated to the Stenographer directly on computer typed by her,
corrected, signed and then pronounced by me in Open Court on this
the 5 th day of April, 2024).

(A. EARANNA)
LXII Addl. City Civil & Sessions Judge,
Bengaluru City.