The judge allowed the application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure (Cr.P.C.) by Petitioners/Accused No. 1, 3, and 4.

🏛️ Case Summary

• Case Type: Criminal Miscellaneous Petition (Crl.Misc.No.559/2023)
• Court: LXIV Addl. City Civil & Sessions Judge (CCH-65), Bengaluru City.
• Date of Order: January 25, 2023.
• Petitioners/Accused:
  1. A.V. Krishnamurthy (Aged 49 – Accused No. 1)
  2. Smt. Kamalamma (Aged 76 – Accused No. 3, Lady and Senior Citizen)
  3. Manjunath (Aged 46 – Accused No. 4)
• Respondent: State of Karnataka by Mahalakshmipuram Police Station.
• Original Complaint (Cr. No. 06/2023): For offenses punishable under Section 420 (Cheating and dishonestly inducing delivery of property) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (I.P.C.).

Allegations and Decision Grounds

Allegations

The complaint alleges that Petitioner No. 1 entered into a Sale Agreement on January 18, 2017, for a site with the complainant and another person for a total consideration of ₹64,00,000/-. An advance sale consideration of ₹11,00,000/- was paid. The petitioners allegedly failed to execute the registered sale deed and instead mortgaged the site to a finance company and took a loan.

Reasons for Granting Bail

The Court granted the anticipatory bail based on the following reasons:

1. Nature of Offense: The alleged offense is triable by a Magistrate and is neither punishable with death penalty nor imprisonment for life.
2. Legal Doctrine: The Court reiterated the fundamental principle: “Bail is a rule and jail is an exception,” safeguarding the fundamental right to life and liberty under Article 21 of the Constitution of India.
3. Special Proviso (Section 437 Cr.P.C.): The Court noted that Petitioner No. 2 (Smt. Kamalamma) is a lady and a senior citizen (aged 76). The proviso to Section 437 of Cr.P.C. allows for the release on bail of a person who is a woman or sick or infirm, even if there are reasonable grounds to believe they are guilty of an offense punishable with death or life imprisonment.
4. Civil Nature of Dispute: The Court observed that the dispute appears to be civil in nature (failure to execute a sale deed) and the complainant is giving it the “colour of criminal offence.”
5. No Custodial Investigation Required: The petitioners have a permanent place of abode in Bengaluru and deep roots in society, making the chance of them fleeing remote. Therefore, custodial investigation is not required.

The Order

The Court allowed the anticipatory bail petition and directed the respondent police to release the petitioners/accused No. 1, 3, and 4 on bail in the event of their arrest, subject to conditions.

Bail Conditions

The petitioners are required to furnish personal bonds for ₹1,00,000/- (one lakh) each with two solvent sureties for a like sum, subject to the following key conditions:

• Cooperation: Appear before the Investigating Officer and cooperate with the investigation within 15 days from the date of the order.
• Address Proof: Furnish address proof for themselves and their sureties.
• Attendance: Mark their attendance at the respondent police station on the 1st and 3rd Sunday of every month between 10:00 a.m. and 2:00 p.m., till the conclusion of the investigation or for a period of 3 months, whichever is earlier.
• No Tampering: Shall not make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Jurisdiction: Shall not leave the jurisdiction of India without the prior permission of the trial court.
• Criminal Activities: Shall not involve themselves in any criminal activities.

Violation of any of these conditions would entitle the cancellation of bail.