1
Crl.Misc.No.2942/2024
KABC010083052024
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
:Present :
Sri.T.Govindaiah, B.Com., LLB.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 30th Day of March, 2024.
Crl.Misc.No.2942/2024
PETITIONERS 1.
Sudheer @ Ulbhagat Sudhir @ Mallu
S/o Papat
Aged about 30 years
R/at No.H/1/21,
Om Shanthi Nagar
Bhamriiya Kuva
Vatva, Ahmedabad
Gujarath
2.
Sameer @ Ramesh @ Ramesh
Maganbhai Prajapti
S/o Maganbhai
Aged about 33 years
R/at No.602, Padmavathi Residency
Near Kaveri Sangam
Shailaj Circle, Shailaj,
Thattlej, Ahmedabad
Gujarath
Crl.Misc.No.2942/2024
2
3.
Jafar Khan Pathan @ Pathan
Jafar Khan
S/o Junaidd Khan
Aged about 34 years
R/at Ajameri Manzil
Shakurbhai Nichali
Ansar Nagar Rakhail
Ahmedabad, Gujarath
(By Sri.Prashanth Advocate)
V/s
RESPONDENT
1
State of Karnataka
By: Whitefield CEN Crime
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
This petition is filed by the petitioners under Section
438 of Cr.P.C. for bail in the event of their arrest in Crime
No.201/2024 for the offences punishable under Sections
419 and 420 of IPC and Sec.66(C) and 66(D) of
Information Technology Act, 2000 of respondent police.
3
2.
Crl.Misc.No.2942/2024
The petitioners have sought for anticipatory
bail on the ground that, they are innocent of the alleged
offences. They have got valid and tenable defence. They
are totally false, frivolous, and fabricated. The other
accused persons are already granted bail. No specific
allegations are made out against the petitioners. No
prima facie case is made out against the petitioners. They
are the only earning members of their family. They hails
from respectable family having deep roots in the society.
The offences alleged are not punishable with death or life
imprisonment. They are permanent residents of the
address mentioned in the cause title. They are ready to
abide by the conditions that may be imposed. They are
ready to furnish surety.
3. The prosecution has filed statement of objections
narrating the facts of the case. Further prima facie the
prosecution papers discloses the involvement of the
petitioners in cheating. If the petitioners are enlarged on
4
Crl.Misc.No.2942/2024
anticipatory bail they may abscond and may not appear
for investigation. They may not cooperate with the
investigation. No grounds are made out for grant of
anticipatory bail. They would tamper with the evidence
and witnesses. They may threaten the witness and
interfere in the investigation. Hence sought for dismissal
of the petition.
4.
Heard arguments.
5.
The points that arise for my consideration are:
1. Whether the petitioners are entitled
for anticipatory bail as provided
under Section 438 of Cr.P.C.?
2. What order?
6.
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 :
Crl.Misc.No.2942/2024
5
REASONS
7.
Point
No.1:
It
is
alleged
against
the
petitioners that on 29.02.2024while the complainant was
on
duty,
the
informant
appeared
and
given
the
information that at Gamma Block, Sigma Tech park, one
Vijay and Veeren by opening a Rockland business
solutions and taken 10 to 15 persons by installing the
computers and made fake phone calls center and by
inducing the public that they will provide loan through
online and from the customers receiving process fee,
service charges and gift cards and other extra manner
and thereby without providing any loan to the public, the
accused received the amount their respective bank
account through online and thereby cheated the public.
Hence the complainant lodged the complaint against the
petitioners.
8.
As could be seen from the prosecution papers
what is the exact nature of role played by the petitioners
6
Crl.Misc.No.2942/2024
in the said illegal transfer of money is not forthcoming.
However whether the petitioners have any role in the said
illegal transfer of money is a matter of investigation.
Without there being any specific allegations against the
petitioners it appears that the petitioners could be
granted relief claimed by them with conditions. The
apprehension of the prosecution could be met out by
imposing conditions.
9.
The petitioners have undertaken to furnish
surety and to abide by the conditions that may be
imposed. Further the petitioners are permanent resident
of the address shown in the cause title. If the petitioners
are
not granted the relief it would cause harm to their
reputation and liberty of the petitioners.
10. In the decision reported in Bhadresh Bipinbhai
Sheth V/s State of Gujarat and another (2016) 1 SCC
152 it is held by the Supreme Court of India that “there
7
Crl.Misc.No.2942/2024
is no justification for reading into Sec.438 of Cr.P.C. the
limitations mentioned in Sec.437 of Cr.P.C. The plenitude
of Sec.438 must be given its full play. There is no
requirement that the accused must make out a special
case for the exercise of the power to grant anticipatory
bail. This virtually, reduces the salutary power conferred
by Sec.438 of Cr.P.C. to a dead letter. A person seeking
anticipatory bail is still a free man entitled to the
presumption of innocence. He is willing to submit to
restraint and conditions on his freedom, by the acceptance
of conditions which the court may deem fit to impose, in
consideration of the assurance that if arrested, he shall be
enlarged on bail”.
11. In view of the ratio above since the petitioners
apprehends arrest at the hands of respondent, it would
be appropriate to grant the relief claimed in the petition.
Hence, point No.1 answered in the Affirmative.
Crl.Misc.No.2942/2024
8
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 petitioners under
Section 438 of Cr.P.C., is hereby allowed.
The petitioners are ordered to be released
on
bail
in
the event
of their
arrest in
Cr.No.201/2024 for the offences punishable
under Sections 419 and 420 of IPC and
Sec.66(C) and 66(D) of Information Technology
Act, 2000 of respondent police to following
conditions:
1. The petitioners shall execute personal
bond for Rs.1,00,000/ each and shall
furnish two sureties for like sum of trial
court.
2. The petitioners shall appear before the
concerned court and shall move regular
bail application within 15 days from the
date of this order.
3. The petitioners shall appear before the
respondent police as and when call for
and cooperate with the investigation.
9
Crl.Misc.No.2942/2024
4. The petitioners shall not leave the
jurisdiction of Bengaluru.
5. The petitioners shall not commit similar
nature of offence in future.
6. The petitioners shall produce
residential address proof.
their
If violation of any conditions will
amounts
to
cancellation
of
bail
automatically.
(Dictated to the Stenographer directly on computer, then corrected
and pronounced by me in the open Court on this the 30 th Day of March,
2024)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.
10
Crl.Misc.No.2942/2024
11
Crl.Misc.No.2942/2024
Order pronounced in open Court
(Vide separate order)
ORDER
The petition filed by the
petitioners under Section 438 of
Cr.P.C., is hereby allowed.
12
Crl.Misc.No.2942/2024
The petitioners are ordered to
be released on bail in the event of
their arrest in Cr.No.201/2024
for the offences punishable under
Sections 419 and 420 of IPC and
Sec.66(C)
and
66(D)
of
Information Technology Act, 2000
of respondent police to following
conditions:
1. The petitioners shall execute
personal bond for Rs.1,00,000/
each and shall furnish two
sureties for like sum of trial
court.
2. The petitioners shall appear
before the concerned court and
shall
move
regular
bail
application within 15 days from
the date of this order.
3. The petitioners shall appear
before the respondent police as
and when call for and cooperate
with the investigation.
4.
The petitioners shall not
leave
the
jurisdiction
of
Bengaluru.
5.
The petitioners shall not
commit similar nature of offence
in future.
13
Crl.Misc.No.2942/2024
6. The petitioners shall produce
their residential address proof.
If violation of any conditions
will amounts to cancellation of
bail automatically.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.