KABC010159042022
IN THE COURT OF THE LII ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-53)
Dated this the 23rd day of June, 2022
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.5921 /2022
Petitioner:
Sri.Shailesh Siroya
Aged about 56 years,
S/o D.B.Siroya,
Managing Director,
M/s Bal Pharma Limited,
5th Floor, Lakshmi Narayana
Complex, No.10/1, Palace Road,
Bengaluru – 560052.
(Accused No.2)
(By Sri.D.Prabhakar, Advocate)
-V/S-
Respondent :
State of Karnataka
By High Grounds police station
Seshadripuram Sub-Division,
Bengaluru.
(Represented
Prosecutor)
by
learned
Public
Crl.Misc.No.5921/2022
2
ORDER
This petition is filed by the petitioner u/Sec.438 of
Cr.P.C., praying to grant anticipatory bail to him in the event of
his arrest by respondent police in Crime No.47/2022 of High
Grounds
police
station
for
the
offences
punishable
u/Sec.120B, 417, 418, 420, 421, 424, 426, 427 r/w Sec.34 of
IPC on the file of learned 8th ACMM, Bengaluru.
2.

It is stated in the petition that the respondent
police have registered the case in Crime No.47/2022 against
the petitioner and others alleging the offences punishable
u/Sec.120B, 417, 418, 420, 421, 424, 426, 427 r/w Sec.34 of
IPC, on the basis of private complaint filed by one Ravi N.,
before learned 8th ACMM, Bengaluru. It is further stated in
the petition that the petitioner is innocent and he has not
committed any offences as alleged against him. The
petitioner has been falsely implicated in the aforesaid crime
number. The petitioner is an industrialist carrying on several
companies and well known pharmaceutical manufacturer.
The petitioner is hails from respectable family and has deep
roots in the society and has great reputation and dignity. The
petitioner
is
permanent
resident
of
Bengaluru.

The
respondent police are making hectic attempts to arrest the
petitioner. The petitioner is ready to abide by any terms and
conditions that may be imposed by the court for his
3
Crl.Misc.No.5921/2022
enlargement on bail. The petitioner is ready and willing to
offer surety to the satisfaction of the court. Hence, the
petitioner has prayed to allow the petition.
3. The learned Public Prosecutor has filed the objection
to the petition along with I.O. report by opposing the grant of
anticipatory bail to the petitioner on the ground that the
offences alleged to have been committed by the petitioner are
grave in nature and against to society. It is further stated in
the objection that the accused No.1 and 2 by conspiring with
accused No.3 have sold the property to accused No.3 without
the knowledge of complainant and they have not given the
commission amount to the complainant.

When the
complainant asked the accused No.2 to give the commission
amount, accused No.2 has abused the informant and gave
life threat to him. It is further stated in the objection that the
case is still investigation stage. At this stage, if the petitioner
is enlarged on bail, he may abscond and he may not appear
before Investigating Officer and may hamper the investigation
of the case. The petitioner may threaten the informant and
other prosecution witnesses and he may try to destroy the
evidence. The petitioner may commit similar offences in
future. Hence, the Learned Public Prosecutor has prayed to
reject the petition filed by the petitioner.

Crl.Misc.No.5921/2022
4
4. Heard the arguments of Learned Public Prosecutor
and Learned counsel for the petitioner. Perused the petition,
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.438 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:
REASONS
7. Point No.1:- The petitioner has filed the present
petition for grant of anticipatory bail in Cr.No.47/2022 of High
Grounds police station which is registered by them against
the petitioner and others for the offences punishable
u/Sec.120B, 417, 418, 420, 421, 424, 426, 427 r/w Sec.34 of
IPC, on the basis of the private complaint given by one Ravi
N., before learned 8th ACMM, Bengaluru. The petitioner has
produced the certified copy of the FIR, private complaint,
copy of the complaint given by him against the complainant
and order sheet in PCR No.5902/2022.

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Crl.Misc.No.5921/2022
8. The gist of allegation made against the petitioner
and others in the private complaint is that the accused No.1
has contacted the complainant for the purpose of selling his
property, situated at Peenya since the complainant is doing
real estate business. The informant has also called accused
No.2 to his office through his father-in-law/Jagannath and
they have agreed to divide the commission amount equally
among them. The complainant has given the documents of
the property to accused No.2 and also given phone number
of accused No.1. The accused No.1 and 2 by colluding with
accused No.3 have sold the property to accused No.3 without
the knowledge of the complainant and they have not given
the commission to the complainant and thereby cheated him.
When the complainant asked accused No.2 to give his
commission amount, accused No.2 abused him and gave life
threat to him.
9.

The offences alleged against the petitioner are
non-bailable in nature. Since FIR is registered against the
petitioner by alleging the commission of non-bailable offence,
the petitioner has filed the present petition under the
apprehension of his arrest by the respondent police. It is
alleged in the petition that the respondent police are making
hectic efforts to arrest the petitioner and he has got
reasonable apprehension of his arrest by the respondent
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Crl.Misc.No.5921/2022
police. The petitioner has also produced the notice issued by
the respondent police to him directing him to appear before
them for enquiry in the aforesaid case. Since non-bailable
offence is alleged against the petitioner and since police
notice is issued to him, there is possibility of arrest of the
petitioner by the respondent police during the course of
investigation of the case.
10.

The offences alleged against the petitioner are
not exclusively punishable with death or imprisonment for life.
The alleged offences are triable by the Learned Magistrate.
Whether the petitioner has cheated the informant in manner
as alleged in the information or not has to be adjudicated only
after full-fledged trial. The allegations made in the FIR, goes
to show that it is of civil in nature. If the accused No.1 and 2
have not gave the commission amount to the complainant,
the complainant has got remedy for recovery of the
commission amount if any as agreed between them.The
custodial interrogation of the petitioner is not necessary for
further investigation of the case. If the petitioner is arrested
by the respondent police without following the guidelines of
the Hon’ble Supreme Court of India in Arnesh Kumar’s case,
the petitioner would be put to unnecessary hardship and
humiliation.

Crl.Misc.No.5921/2022
7
11.

The petitioner is ready and willing 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. The petitioner is
also ready to co-operate with the investigation of the case.
As such, there is no chances of petitioner absconding or
fleeing from justice. The presence of the petitioner during the
course of investigation may be secure by imposing suitable
terms and conditions. The petitioner is the permanent
resident of Bengaluru and he is residing within the jurisdiction
of learned magistrate. As such, there is no chances of
petitioner
absconding
apprehension
of
the
or
fleeing
Learned
from
Public
justice.

The
Prosecutor
and
Investigating Officer can be make good by imposing suitable
terms and conditions. Hence, by considering the reasonable
apprehension of arrest of the petitioner by respondent police
with respect to non-bailable offences and by considering the
fact that there is no chances of the petitioner absconding or
fleeing from justice and by considering the fact that the
petitioner is ready to abide by any terms and conditions
imposed by this court for his enlargement on bail and by
looking into the nature and gravity of the offence alleged
against the petitioner, I am of the opinion that anticipatory bail
as prayed for by the petitioner may be granted by imposing
suitable terms and conditions. Hence, the petition filed by the
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Crl.Misc.No.5921/2022
petitioner is deserves to be allowed. Accordingly, I answer
the above point in the Affirmative.
12. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioner u/Sec.438 of
Cr.P.C., is hereby allowed.
The respondent police shall release the
petitioner/accused No.2 on bail in the event of his arrest
in Crime No.47/2022 of High Grounds police station for
the offences punishable u/Sec.120B, 417, 418, 420,
421, 424, 426, 427 r/w Sec.34 of IPC, pending on the
file of learned 8th ACMM court, Bangalore, on petitioner
executing personal bond for a sum of Rs.1,00,000/- with
one surety for likesum to the satisfaction of the Learned
Magistrate on the following further conditions:CONDITIONS
(1) The petitioner shall appear before the Investigating
Officer within three weeks from the date of this order
and he shall furnish all necessary information and
documents to the Investigating Officer.
(2) The petitioner shall appear before the Investigating
Officer as and when called for and he shall co-operate
with investigation of the case.
(3) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or
any police officer or any hamper with the evidence.

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Crl.Misc.No.5921/2022
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior
permission of the court.
(6) The petitioner shall not commit any offences of similar
or any other offences in future.
(7) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioner.
(Dictated to the Stenographer directly on computer, corrected and
then pronounced by me in the open court on this the 23 rd day of
June, 2022).

(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

10
Crl.Misc.No.5921/2022
Order pronounced in the open court
(vide separate order)
ORDER
The petition filed by the petitioner u/Sec.438 of
Cr.P.C., is hereby allowed.
The respondent police shall release the
petitioner/accused No.2 on bail in the event of his arrest
in Crime No.47/2022 of High Grounds police station for
the offences punishable u/Sec.120B, 417, 418, 420,
421, 424, 426, 427 r/w Sec.34 of IPC, pending on the
file of learned 8th ACMM court, Bangalore, on petitioner
executing personal bond for a sum of Rs.1,00,000/- with
one surety for likesum to the satisfaction of the Learned
Magistrate on the following further conditions:CONDITIONS
(1) The petitioner shall appear before the Investigating
Officer within three weeks from the date of this order
and he shall furnish all necessary information and
documents to the Investigating Officer.
(2) The petitioner shall appear before the Investigating
Officer as and when called for and he shall co-operate
with investigation of the case.
(3) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or
any police officer or any hamper with the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior
permission of the court.

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Crl.Misc.No.5921/2022
(6) The petitioner shall not commit any offences of similar
or any other offences in future.
(7) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioner.

LII Addl. City Civil & Sessions Judge,
Bangalore.