BENGALURU – The LV Additional City Civil and Sessions Judge in Bengaluru has granted anticipatory bail to Kalyan Kumar, who was wrongly identified as Kishore in initial police records, in a case involving allegations of illegal money lending, charging exorbitant interest, and criminal intimidation. The order, delivered by Judge Shriram Narayan Hegde on April 5, 2024, provides significant relief to the petitioner amidst an ongoing investigation by the Wilson Garden Police.
The legal proceedings, registered under Criminal Miscellaneous No. 3179/2024, stem from a complaint filed by Sri B.K. Saleem on behalf of one Ifthikar Ahmed. The case, Crime No. 61/2024, includes charges under Sections 504 (Intentional insult) and 506 (Criminal intimidation) read with Section 34 of the Indian Penal Code. Additionally, the accused faces charges under Sections 39 and 41 of the Karnataka Money Lenders Act and Sections 3 and 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004.
The Core of the Prosecution Case
According to the prosecution, the complainant’s acquaintance, Ifthikar Ahmed, had been engaged in financial dealings with Accused No. 1 since 2015. Initially, Ahmed borrowed Rs 30 lakhs to purchase residential flats, providing two cheques as security. While that loan was reportedly repaid, a subsequent loan of Rs 9 lakhs was taken in 2018.
The situation escalated when Ahmed encountered financial difficulties in 2022 and struggled to keep up with interest payments. The prosecution alleges that on February 20, 2024, the accused visited Ahmed’s residence, demanding an immediate payment of Rs 10 lakhs and issuing threats to his life. Following these events, a formal complaint was lodged with the Wilson Garden Police, leading to a raid on the premises of the petitioner.
Defense Contentions and Procedural Objections
Kalyan Kumar, represented by Advocate Sri S. Mahesh, vehemently denied the allegations, asserting his innocence and claiming he had been falsely implicated. A primary point of contention for the defense was the identification error in the First Information Report (FIR), where the petitioner was wrongly named as “Kishore.”
The defense further argued that the criminal proceedings were initiated with a significant delay, as the financial transactions dated back several years. They alleged that the police had misled the Magistrate to obtain search warrants and had failed to report the subsequent seizure of documents appropriately.
Furthermore, the defense raised a technical legal objection regarding the authority of the police to investigate money lending violations. They contended that under Section 15 of the Karnataka Money Lenders Act, only authorized officers, such as Registrars or Assistant Registrars, are empowered to inspect premises and documents. The defense argued that the police-led investigation bypassed these statutory requirements.
Court’s Analysis and Decision
In evaluating the bail petition, the court looked at the nature of the offenses and the background of the petitioner. Judge Hegde noted that although the charges were non-bailable, they did not carry the maximum penalty of death or life imprisonment. The court also observed that Kalyan Kumar is a permanent resident of Wilson Garden with no prior criminal record.
The judge remarked that the apprehension of the prosecution regarding the accused absconding or tampering with witnesses could be adequately addressed by imposing strict conditions rather than denying liberty.
The Bail Conditions
The court allowed the petition for anticipatory bail, directing that in the event of arrest, Kalyan Kumar be released upon executing a personal bond of Rs 50,000 with one surety for the same amount. The following conditions were attached to the order:
- Appearance before Police: The petitioner must appear before the Investigating Officer within 10 days of the order.
- Witness Protection: He is strictly prohibited from tampering with prosecution witnesses.
- Cooperation: He must cooperate with the Investigating Officer whenever called upon for the purpose of the investigation.
- Future Conduct: He shall not involve himself in any criminal activities.
- Mandatory Attendance: He is required to mark his attendance at the Wilson Garden Police Station on the first Sunday of every month between 11:00 a.m. and 5:00 p.m. until the final report is filed.
This ruling underscores the court’s balance between the necessity of a police investigation into alleged predatory lending practices and the fundamental right to liberty for an individual whose guilt has not yet been proven in a court of law.