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Crl.Misc. No.5932/2022
IN THE COURT OF THE 69TH ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-70)
Dated this the 24th day of June, 2022
PRESENT; Sri.Rajesh Karnam K., B.Sc., LL.B.,LL.M.,
69th Addl. City Civil & Sessions Judge,
Bangalore. (CCH 70)
Crl.Misc.No.5932/2022
Petitioner:
Ramachandregowda G.T
s/o late Thimmegowda,
32 years,
r/at Soujanya Nilaya,
Near Shanthala Thiater,
KR extension, Madhugiri taluk,
Tumkur Dt.
(By Sri.B.Siddeshwara, Advocate)
-V/S-
Respondent :
State of Karnataka by
Sheshadripuram police station,
Bengaluru.
(Represented by Prosecutor)
ORDER
The applicant has come up before this court seeking
regular bail
u/Sec.439 of Cr.P.C. in
Crime No.14/2022
registered by the jurisdictional Sheshadripura police with
regard to cheating, which the offences punishable u/Sec.
120B, 465, 466, 468, 471, 472, 409, 420 r/w 149 of IPC.
2. It is stated in the petition that the respondent police
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have registered the case in Crime No.14/2022 against the
petitioner and others alleging the offences stated above, on
the basis of information given by one Indramani H. It is
further stated in the petition that the petitioner is innocent
and she has not committed any offences as alleged against
him. The applicant submits the alleged offences which are
alleged are punishable less than 7 years and they are civil
in nature. As of now police have filed charge sheet. Infact
accused No.5 herein has been granted bail. The respondent
police have arrested him and he is in JC. If he is continued
in JC, he would be put to hardship. The petitioner is ready
to abide by any terms and conditions that may be imposed
by the court for his enlargement on bail. The petitioner is
ready and willing to offer surety to the satisfaction of the
court. As such he needs to be granted conditional bail.
3. The learned Public Prosecutor has filed the
objection to the petition
and submitted that though the
offences are triable by Magistrate accused have committed
severe
offence
and
it
has
embarrassed
the
State
Government and even the authority of BDA, the public has
been cheated in crores of rupees, public have also suffered
loss, as such as already bail application of present accused
is rejected, similarly this bail application of the applicant is
to be rejected though charge sheet is filed. Hence,the
Learned Public Prosecutor has prayed to reject the petition
filed by the petitioners.
4. Heard the arguments of Learned Public Prosecutor
and Learned counsel for the petitioner. Perused the petition,
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Crl.Misc. No.5932/2022
objection and other materials on record.
5. Having done so, the following points will arise for
my consideration:
1. Whether the petitioner has made out grounds for
granting anticipatory bail u/s.439 of Cr.P.C.,?
2. What order?
6. My findings on the above points are as under:
(1) Point No.1 .. In the Affirmative
(2) Point No.2 .. As per final order
for the following:
R E A SON S
7. Point No.1:- The case of the prosecution in brief is
that; It is found that the respondent police registered Crime
No. 14/2022 against the accused on complaint by Srinivas
V.T. Police Officer, Vigilance and STF, BDA Head office. It is
alleged in the complaint that the accused have committed
offence u/sec.

120B, 465, 466, 468, 471, 472, 409, 420
r/w 149 of IPC. It is alleged in the complaint that when the
BDA has published E-auction Notification for allotment of
sites through auction process to the purchasers
in respect
of the sites of BDA located at Sir M.Vishweshwaraiah
layout, 4th block, at that time the accused have changed the
address as Sir M.Vishweshwaraiah layout, 7th block and
submitted online application in respect of site Nos and the
accused have changed the site No. 2887 as site No. 1068
and have created fake documents and particularly in
respect of
the site
situated at Sri M.Vishveshwaraiah
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Crl.Misc. No.5932/2022
Layout, 7th Block, Bengaluru has been created and forged
the documents and have produced the same before the BDA
authorities and fraudulently conveyed and registered the
said site in the name of one
Manjunath B.V and caused
loss to the BDA. Further allegation in the complaint is that
the alleged documents alleged to have been executed by
BDA are one created and fabricated.

On the basis of
complaint the respondent police registered the crime
against the accused for the offence U/sec. 120B, 465, 466,
468, 471, 472, 409, 420 r/w 149 of IPC. Now the petitioner
filed this petition for regular bail. Accordingly the crime is
registered against the petitioners.
8. On perusal of the entire materials on record and on
going through the order of the Hon`ble High Court of
Karnataka which has granted conditional bail to the other
accused in this crime and Cr. No. 14/2022. This court has
also granted bail other co accused. As such this court
satisfied to grant bail to this applicant. Hence the prayer of
the accused seeking the anticipatory bail is to be allowed.
Further, the investigation is over and the charge sheet is
filed. Whether the petitioner has committed the offences as
alleged or not is to be looked into by holding full fledged
trial. The
alleged offences are
triable by JMFC. The
petitioner is having permanent abode. The petitioner
contends that he has not cheated anybody.

He is the
permanent resident of address given, Hence, he would be
available for investigation and trial. Further the petitioner is
ready to abide by the terms and conditions that may be
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Crl.Misc. No.5932/2022
imposed by this court while granting bail. The apprehension
of the prosecution can be met by imposing conditions.
Hence, the petition filed by the petitioner is deserves to be
allowed. Accordingly, I answer the above point in the
Affirmative.
9. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
O R DE R
The petition filed by the petitioner
u/Sec. 439 of
Cr.P.C., is hereby allowed. The respondent police are
directed to release the petitioner in connection with Cr. No.
14/2022 (CC No. 16389/2022) of respondent police station
that registered for the offences punishable u/sec.

120B,
465, 466, 468, 471, 472, 409, 420 r/w 149 of
IPC
executing personal bond of Rs. 1,00,000/-
with two
sureties for the like sum
on
to the satisfaction of the trial
court, subject to the following conditions;
1. The petitioner shall appear before the IO within 10 days
from the date of receipt of this order.
2. He shall not threaten the prosecution witnesses directly
or indirectly.
3. The petitioner shall not indulged in any other offence.
4. The petitioner shall furnish his correct address proof
before the trial court.
5. The petitioner shall not leave the jurisdiction of the court
without prior intimation to I.O.

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Crl.Misc. No.5932/2022
6. The petitioner shall furnish cash surety of Rs. 25,000/which will be forfeited in case of failure of petitioner to
attend court even a single hearing date.
If any of the above conditions violates the IO is at
liberty to move for cancellation of bail.
He is ordered to be released on bail if
custody does not required in any other case.

his
(Rajesh Karnam K.)
69 Addl. City Civil & Sessions Judge,
Bangalore.
th
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