KABC010018332023
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 3rd day of February 2023
: Crl.Misc.No. 592/2023:
PETITIONER:-
Ravishankar K S
S/o Shanmugananda,
Aged about 48 years
R/at No.7, 1st Main, 1st Cross,
Gorguntepalya,
Yaswanthpura,
Bengaluru .
(Rep by Sri. D Bala Gangadhara, Advs)
V/s
RESPONDENT :
The State of Karnataka
By: R M C Yard P.S.
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
Accused No.1 in R M C yard Police Station Crime No.
123/2022 has filed this application under Sec. 438 of Cr.P.C for grant
of anticipatory bail.

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2. Brief facts of the case as forthcoming from bail application
is as under :
First informant is Mohan Kumar T S. In first information he
has disclosed that he is working in a private company, he has a
brother by name Abhishek and sister by name Mamatha, both of
them are graduates and unemployed.
Thotanahalli,
First informant is a native of
Madhusudan is a resident of neighbouring village,
through him first informant came in contact with accused.

In first
information, it is stated that accused represented to him that he has
good contacts in Bangalore University, would get ‘D’ group jobs,
provided certain amount is paid to him, first informant in order to get
job for his brother and sister paid Rs.4,56,000/- to accused on
different dates starting from 8.2.2020 to 5.3.3030 through cash and
through account transfer. Accused enquired with first informant as to
whether appointment letter has been received by post, to which,
first informant replied that appointment letter has not been received,
thereafter, accused called first informant to his house and gave
letter head of Bangalore university, on it was written as appointment
letter, by taking the said appointment letter, brother and sister of first
informant went to Bangalore University to report duty, wherein, some
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staff told that appointment letter is fake and that no ‘D’ group job is
vacant.

Hence, seeking legal action, first information came to be
lodged on 27.7.2022 in RMC Yard Police Station.
3. Petitioner/accused No.1 has urged the following grounds :
Petitioner is innocent, has been falsely lugged in the crime for
extraneous reasons with oblique motive. There are no reasonable
grounds to believe that he is guilty of the offences alleged. There is a
delay of 2 years in lodging complaint, alleged
punishable with life or death imprisonment.

offence are not
Petitioner hails from a
respectable family having deep roots in the society, there is no
specific overtact attributed by the present petitioner, offence alleged
are not punishable with death or life imprisonment, will provide
sufficient surety. Respondent police are making hectic attempts to
arrest the petitioner, if he is arrested it will lead to humiliation and
cause undue hardship to him.
4. Prosecution has filed objections to bail application. In the
objection, public prosecutor has reiterated the averments made in
first information.

It is stated that there are no grounds for granting
anticipatory bail to petitioner, grounds urged in the petition are not at
all true. If petitioner is granted anticipatory bail, he will abscond from
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the jurisdiction of this Court, threaten the witness and destruct the
evidence collected against him. Hence prayed for rejection of bail.
5. Learned advocate for petitioner filed Memo with copy of
NCR No. 1603/1426/2022 dated 14.6.2022, in which accused is the
complainant. Copy of FIR in Vidhana Soudha Police Station Crime
No.50/2022 is enclosed.
6. Heard the learned Advocate for petitioner and the learned
Public Prosecutor.
7. The point that arise for consideration is :
(1) Whether Anticipatory bail application filed by
accused No.1 in R M C Yard Police Station
Crime No. 123/2022 deserves to be allowed ?
8. My finding to the above point is in the Affirmative, for the
following :REASONS
9.

Point No.1:
Along with bail application, copy of first
information, copy of FIR, is enclosed, as per first information,
amount was given by first informant to accused between 8.2.2020
to 5.3.2020, the date on which the alleged fake appointment letter
was given by accused is not stated in first information lodged on
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27.7.2022, the date on which brother and sister of first informant
went to university
to report
to duty is also not stated in first
information. Perusal of NCR No. 1603/1426/2022 dated 14.6.2022,
discloses that accused/petitioner has lodged a complaint
before
Basaveshwara Nagara Police, alleging that a person by name Sadar
Ulla- Khan represented to him that he has good contacts
in
universities, he has been appointed as Syndicate member, it is
alleged in NCR that Sadar Ulla Khan promised to get job to any
one provided certain amount is paid to him.
10. Perusal of FIR of Vidhanasoudha Police Station Crime
No. 50/2022 discloses that one Prabhushankar who is working as
Special Secretary to Governor of Karnataka has alleged that the
said Sadar Ulla Khan was representing himself
before different
people and authorities that he is a nominated member in several
universities by the Governor and by representing so , has collected
money from several people on the pretext of getting jobs in
universities.
11. Amount is said to have been received by accused in the
year 2020, the reason for delay in filing of FIR is not stated, what
happened in the interregnum period is also not stated, even as per
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first informant, his sister and brother are graduates, whether any
application was filed for a job in Bangalore University by brother and
sister of first informant is not at all stated in first information.
Considering these aspects and taking into consideration that offence
alleged against accused/petitioner are not punishable with death or
life imprisonment, I answer the above point in the Affirmative and
proceed to pass the following :
ORDER
Anticipatory Bail application filed by Petitioner in
R M C Yard Police Station Crime No. 123/2022 is
hereby allowed.

Petitioner/Accused No.1 shall be
enlarged on bail in the event of his arrest subject to the
following :
CONDITIONS
1. Accused No.1/petitioner shall execute personal
bond for Rs 50,000/- with one surety.
2. Petitioner/ Accused No.1 shall not tamper with
the prosecution witness or hamper the investigation
process in any manner.
3. Petitioner/ Accused No.1 shall attend before
the learned Magistrate on all dates of hearing.

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5. Petitioner/ Accused No.1 shall not leave the
jurisdiction of Trial Court without prior permission.
(Dictated to the Stenographer, transcribed and typed by him, after
corrections, pronounced by me in the Open Court on this the 3 rd day of February
2023).

(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru