KABC010017152023
Presented on
Registered on
Decided on
Duration
: 18-01-2023
: 18-01-2023
: 23-01-2023
: 0 years, 0 months,
5 days
IN THE COURT OF THE LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-65) AT BENGALURU)
Dated this 23 rd day of January 2023
-: P R E S E N T :Smt. Kalpana M.S.,
B.Sc., LL.M.,PGD-CLCF.,
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-65, BENGALURU CITY.
Crl.Misc.No.542/2023
PETITIONERS:
1.

Mr.Peter Caddy,
S/o.Late Mr.Oswald Caddy,
Aged about 68 years,
2.

Mrs.Sangeetha Caddy,
W/o. Mr.Peter Caddy,
2
Crl.Mis.No.542/2023
Aged about 54 years,
Both 1 and 2 : R/at No.003,
No.10, Purva Parkway,
Halls Road, Richards Park,
Bengaluru-05.
(By Sri.K.T. Pemmaiah, Advocate)
/Vs/
RESPONDENT
:
State of Karnataka by
Pulakeshinagar Police Station,
Bengaluru.
(Rep. By Learned Public Prosecutor)
ORDER ON ANTICIPATORY BAIL APPLICATION
FILED U/S.438 OF CR.P.C.
Petitioners have filed this petition U/s.438 of
Cr.P.C., seeking anticipatory bail in Cr.No.19/2023 of
Pulakeshinagar
police
station,
Bengaluru
for
the
offences punishable U/s.406, 420 R/w.Sec.34 of Indian
Penal Code (hereinafter referred as I.P.C.), pending on the
3
Crl.Mis.No.542/2023
file
of
Addl.

Chief
Metropolitan
Magistrate
Court,
Bengaluru.
2.

Learned Public Prosecutor appearing for the
State has filed objection along with report of the
Investigating Officer, opposing the bail petition.
3.

For the purpose of brevity, the facts stated in
the petition and objections will be stated at appropriate
stage of the orders.
4.

Heard
arguments. Perused the materials on
record.
5.

The points that arise for my consideration are;
1. Whether petitioners are entitled for
anticipatory bail U/s.438 of Code of
Criminal Procedure?
2. What Order?

4
Crl.Mis.No.542/2023
6.

For the reasons stated hereinafter, my answer
to the above points are as follows;
Point No.1: In the Affirmative
Point No.2: As per final order
for the following:REA S ON S
7.

POINT No. 1:- Along with petition, petitioners
have produced certified copies of F.I.R. in Cr.No.19/2023,
complaint and other documents. Perused the same.
8.

The facts set out in the complaint and F.I.R.,
in brief, is as under;
Complainant- Harsha Kanekal has approached the
petitioner No.1- Mr.Peter Caddy requesting financial
assistance. He assured to secure ?.5 crores loan and
for the purpose of legal and valuation
report, he has
received ?.3,50,000/-. Further, in order to solve the loan
5
Crl.Mis.No.542/2023
problem of the complainant, petitioners made
him to
believe that, his Trust property will be purchased by
them through their Creative Edu Foundation Trust. For
the purpose of Trust registration and sale permissions
and ED office works, petitioners have
amount
of
?.2,47,50,000/-
and
pursuance of the complaint, the
taken total
cheated
him.

In
respondent police
proceeded with the investigation and filed F.I.R. against
accused persons.
9.

Learned counsel for the petitioners vehemently
argued that, they are innocent of the alleged offence.
They have not committed the said offences. They have
falsely implicated in this case. The complainant sought
financial assistance from the petitioners and not repaid
the amount. They have initiated Section 138 proceedings
to escape from the liability, the complainant has come up
6
Crl.Mis.No.542/2023
with this false complaint. Petitioner No.1 is aged 68 years
and petitioner No.2 is lady. They are ready and willing to
abide by the terms and conditions that may be imposed
by this court. There is serious apprehension of arrest.
The learned counsel submits that, the petitioners have
made out prima facie case for grant of anticipatory bail.
10.

At the out set, the alleged offences are triable
by Magistrate. The said offences are neither punishable
with death penalty nor imprisonment for life. The
commission of offences by petitioners are required to be
established during trial. The Hon’ble Supreme Court of
India in the decision of State of Rajasthan, Jaipur
Balachandh @ Baliay (AIR 1977 SC 2447)
and in
catena of decisions pleased to laid down the legal
doctrine that “Bail is a rule and jail is an exception”. This
legal
doctrine
is
laid
down
for
safe
guarding
a
7
Crl.Mis.No.542/2023
fundamental right under article 21 of Constitution of
India, granting the right to life and liberty.
11.

It is pertinent to note that, the petitioner No.1
is senior citizen and petitioner No.2 is a lady and proviso
to 437 of Code is applicable to them. In this context, it
is profitable to refer the decision of the Co-ordinate
Bench of Hon’ble High Court of Karnataka in Kavitha
V. State of Karnataka – Crl.P.No.2509/2019 decided
on 05.08.2019, it is observed as under;
“In the above facts and circumstances of the
case, proviso to Section 432 of Cr.P.C. would
come to the help of the petitioner herein.
Even at this stage, if the court comes to the
conclusion that, a strong prima facie case is
made out against a woman, still the court
can exercise its discretion and it may
enlarge a lady on bail with
conditions.
Though the petition is filed under Section
439 of Cr.P.C., the proviso to section 437 can
be equally made use of. The said proviso
says that, even if there appears reasonable
grounds for believing that the accused is
8
Crl.Mis.No.542/2023
guilty of the offences punishable with death
or imprisonment for life, provided the court
may direct that the person referred to in
Caluse (i) or Clause (ii), be released on bail, if
such person is under the age of sixteen
years or is a woman or is sick or infirm.
Therefore, in the above circumstances, in my
opinion, as the petitioner/ accused has been
in jail since 05.01.2019 and the charge
sheet has already been filed, she is entitled
to be enlarged on bail during the trial, with
certain conditions……….”
12.
another
In the decision reported in Rathnawwa and
V/s.State
of
Karnataka
Crl.P.

No.100503/2017 decided on 13.3.2014, wherein it is
observed that;
“ The proviso in section 437 of Code of
Criminal
Procedure1973
(hereinafter
referred to as “Cr.P.C.”for brevity) empowers
the court that even if the offences which are
punishable with death or imprisonment for
life
or
imprisonment
for
life
or
imprisonment for seven years or more, the
court may direct that such a person
referred to in clause – (I) or (ii) of Section
9
Crl.Mis.No.542/2023
437 of Cr.P.C. be released on bail, it is
satisfied that if such person is under the
age of 16 years or is a woman or is sick or
infirm. Therefore, it is a special proviso
appended to Section 437 of Cr.P.C.
particularly, considering the woman folk,
sick and infirm persons and the persons,
who are less than 16 years.”
In view of
the principles laid down in the above
decision, woman and sick, aged persons are entitled to
be released on bail, even in cases of offences punishable
under death or imprisonment for life, as those categories
of offenders falls within the purview of proviso to Section
437 of Cr.P.C.
13.

The petitioner No.1 is senior citizen and
petitioner No.2 is a lady. There is no report of criminal
antecedents. They have permanent place of abode in
Bengaluru. The apprehension of the prosecution could be
met by imposing stringent conditions to secure the
accused persons during trial. Under these facts and
10
Crl.Mis.No.542/2023
circumstances, I am of the opinion that, to struck the
balance between individual liberty and humiliation due
to unjustifiable detention against free and fair trial as
well as welfare of society, it is proper to enlarge the
petitioners on bail by imposing appropriate terms and
conditions. Considering the huge amount involved in this
case, it is proper to direct them to execute personal
bonds for Rs.5,00,000/-. Accordingly, point No.1 is
answered in the Affirmative.
12.

POINT
NO.2:
In
view
of
the
aforesaid
discussion, this court proceed to pass the following :
ORD ER
Anticipatory
bail
petition
U/s.438
Cr.P.C., filed by petitioners is allowed.

of
11
Crl.Mis.No.542/2023
Respondent police is directed to release
the petitioners on bail in the event of their arrest
in
Cr.No.19/2023
station, Bengaluru
of
Pulakeshinagar
police
for the offences punishable
U/s.406, 420 R/w.Sec.34 of Indian Penal Code
pending on the file of Addl. Chief Metropolitan
Magistrate Court, Bengaluru by taking personal
bonds for Rs.5,00,000/- (five lakhs) each with
two
sureties
for
like
sum
under
following
conditions;
1.

Petitioners
shall
appear
before
Investigating Officer and co-operate
with investigation within 15 days from
the date of this order and make
themselves available for investigation
as and when called by the Investigating
Officer.

12
Crl.Mis.No.542/2023
2.

They
shall
furnish
documents
regarding their address proof and the
address proof of their sureties at the
time of furnishing sureties.
3. They shall mark their attendance at
respondent police station on 1st and 3rd
Sunday of every month between 10.00
a.m. and 2.00 p.m., till conclusion of
investigation or for a period of 3
months, whichever is earlier.
4. They shall not
make
any
directly or indirectly
inducement
threat
or
promise to any person acquainted with
the facts of the case so as to dissuade
them from disclosing such facts either
to the Investigation Officer or to the
trial court.
5. They shall not leave the jurisdiction of
India without prior permission of the
trial court.

13
Crl.Mis.No.542/2023
6. They shall not involve in any criminal
activities.
7. In
the
event
residential
any
address,
change
in
the
petitioners
and
their sureties shall intimate the same
to the trial court immediately without
fail.
Violation of any of these conditions would
entitle cancellation of bail.
(Dictated to the Judgment writer, script typed by her and
corrected, signed and then pronounced by me in the open
court on this 23rd day of January, 2023.)

(KALPANA M.S.)
LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.

14
Crl.Mis.No.542/2023
Order pronounced in the open
Court, vide separate Order:OR DER
Anticipatory
U/s.438
of
bail
petition
Cr.P.C.,
filed
by
petitioners is allowed.
Respondent police is directed
to release the petitioners on bail in
the
event
of
Cr.No.19/2023
their
of
arrest
in
Pulakeshinagar
police station, Bengaluru
for the
offences punishable U/s.406, 420
R/w.Sec.34 of Indian Penal Code
pending on the file of Addl. Chief
Metropolitan
Magistrate
Court,
Bengaluru by taking personal bonds
for Rs.5,00,000/- (five lakhs) each
with two sureties for like sum under
following conditions;
15
Crl.Mis.No.542/2023
1. Petitioners shall appear before
Investigating Officer and cooperate
with
investigation
within 15 days from the date of
this
order
and
make
themselves
available
investigation
as
called
by
the
for
and
when
Investigating
Officer.
2. They shall furnish documents
regarding their address proof
and the address proof of their
sureties
at
the
time
of
furnishing sureties.
3. They
shall
attendance
mark
at
their
respondent
police station on 1st and 3rd
Sunday
of
every
month
between 10.00 a.m. and 2.00
p.m.,
till
conclusion
of
16
Crl.Mis.No.542/2023
investigation or for a period of
3 months, whichever is earlier.
4. They shall not
indirectly
directly or
make
any
inducement threat or promise
to any person acquainted with
the facts of the case so as to
dissuade them from disclosing
such
facts
either
to
the
Investigation Officer or to the
trial court.
5.

They
shall
not
leave
the
jurisdiction of India without
prior permission of the trial
court.
6. They shall not involve in any
criminal activities.
7. In the event any change in the
residential address, petitioners
and
their
sureties
shall
17
Crl.Mis.No.542/2023
intimate the same to the trial
court immediately without fail.
Violation
of
any
of
these
conditions would entitle cancellation
of bail.
Consequently, this criminal
miscellaneous
proceedings
is
disposed of.

LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.