KABC010252122022 N THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-66) PRESENT SHRI. HEMANTH KUMAR. C.R. B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 22 nd day of September, 2022 Crl.Misc.No.9276/2022 PETITIONER/S:- 1. Jagadesh S/o.K.Panchaksharayya Aged about 43 years R/a.7th Ward M.P.Prakash Nagar Hospet, Vijayanagara District Karnataka. (By Sri.H.S.Suresh, Advocate) V/s. RESPONDENT/S:- STATE OF KARNATAKA, By Rajajinagra Police Station, Bengaluru. (Rep. by Public Prosecutor) ORDER ON PETITION FILED UNDER SECTION 438 OF CR.P.C 2 Crl.Misc.No.9276/2022 This petition is filed under Section 438 of Cr.P.C., seeking anticipatory bail to the petitioner/accused in Crime No.118/2022 registered by the respondent Rajajinagara police for the offence punishable under Sections 384, 420, 504 & 506 of IPC.

2. Brief facts of the case.-

The complainant was working in Private Bank & the accused and complainant became friends with each other and the accused offered the complainant to establish 'Sri Kembhavi Matta Consulting Private Limited Security Agency' & further accused offered the complainant to be partner and to continue the business. As per the offer, the complainant transferred amount to the accused account bearing No.39681570056 for an amount of Rs.7,20,000/-, further transferred the amount of Rs.14,30,000/- to the account bearing No.1075110731 & Rs.2,00,000/- by way of cash and a total worth of Rs.23,50,000/- in the year 2021 and they made partnership agreement for the establishment of the security agency. The accused has not given proper information to the complainant about the said agency. Therefore the complainant informed the accused he would the complaint for not giving instruction about the said agency. The accused has given the cheque bearing No.511468 for Rs.10 Lakhs and another cheque bearing No.700106 for Rs.11,50,000/- to the complainant. The said cheques were dishonoured, then the complainant demanded the amount to the accused. The accused threatened the complainant that he had chatted with his wife and he would upload the same in the social media & demanded Rs.50 Lakhs with a condition to not file any complaint against the accused. The accused also used filthy language against the complainant and gave life threat to the complainant and not to return Rs.23,50,000/-. As such the accused has cheated the 3 Crl.Misc.No.9276/2022 complainant. The complainant has filed a private complaint before XXXIX ACMM, Bengaluru and the said complaint has been referred for investigation to Rajajinagara Police. The Rajajinagara Police on receipt of the complaint have registered the case in Crime No.118/2022 against the petitioner for the offence punishable under Section 384, 420, 504 & 506 of IPC.

3. The petitioner apprehending his arrest in the said case

has filed this petition seeking anticipatory bail on the following among other grounds. The petitioner submits that he is innocent of the alleged offences and the petitioner further submits that the complainant and the petitioner are friends and they are jointly running the security agency, due to some divergent opinions the complainant has filed a false case against the accused for no reason. The petitioner submits that he is permanent resident of Hospet and he is the only bread earner of the family & he is ready and willing to abide by the terms and conditions that may be imposed by this Court and also to co-operate with the investigating agency. The petitioner further submits that the offences alleged against him is neither punishable with death or life imprisonment. Hence prayed to allow the bail petition.

4. After service of notice, the learned Public Prosecutor has

appeared and filed objections to the said petition contending that the offences alleged against the petitioner is grievous in nature and the the learned Public Prosecutor has further contended that the petitioner has cheated the complainant as such the complainant has filed private complaint before the jurisdictional Magistrate and the said case having been referred to the Rajajingara Police, the Rajajinagar Police have registered the case in Crime No.118/2022. The learned Public 4 Crl.Misc.No.9276/2022 Prosecutor has also further contended that as per the complaint averments there is prima-facie case against the accused person for having committed the alleged offences. The learned Public Prosecutor has also further contended that the investigation is still in progress and the Investigating Officer has to collect documents and evidence and also has further contended that at this stage if the bail petition of the petitioner is allowed then there is every chances of the petitioner threatening the prosecution witnesses,destroying evidence, absconding and hampering the trial. Hence, prays to reject the bail petition.

5. Heard the arguments. Now the points that arise for my

consideration.-

1. Whether the petitioner/accused has made out sufficient ground to allow the petition filed under Section 438 of Cr.P.C?

2. What order?

6. My answer to the above points are.-

Point No.1:– In the Affirmative Point No.2:– As per final order for the following

REASONS

7. Point No.1:- The counsel for petitioner has addressed

the arguments contending that the petitioner is innocent of the alleged offences and also the petitioner counsel has further contended that there is financial transaction between the complainant and the petitioner and they are jointly running the security agency. The petitioner counsel has also further contended that the petitioner is innocent of the alleged offence and he is resident of Hospet and also 5 Crl.Misc.No.9276/2022 further contended that he is ready and willing to abide by the terms & conditions that may be imposed by this Court and also ready to co- operate with the investigation and also further contended that the alleged offences against petitioner are not punishable with death or life imprisonment, hence the petitioner prays to allow the bail petition.

8. The learned Public Prosecutor has addressed arguments

contending that the offences alleged against the petitioner is grievous in nature and the investigation is still in progress and there is prima- facie material against the petitioner as per the complaint averments. The learned Public Prosecutor further contended that as the investigation is still in progress at this stage if the bail petition of the petitioner is allowed there is every chances of the petitioner absconding and hamper the trial. Hence, prayed to reject the bail petition.

9. On perusal of the records produced by the petitioner it is

noticed that the complainant has lodged the complaint against the petitioner before the XXXIX ACMM, Bengaluru and the said complaint has been referred for investigation to Rajajinagar Police and the Rajajinagar Police on receipt of the complaint have registered the case in Cr. No.118/2022 for the offences punishable under Section 384,420, 504 & 506 of IPC. The allegations of the complainant is that both the complainant and the petitioner are known to each other and they had started the security agency in the name and style of 'Sri Kembhavi Matta Consulting Pvt. Ltd., Security Agency' & both had invested the money in the said company and also the complainant has invested the money in the said company by transferring the money through internet banking a sum of Rs.5 Lakhs on several occasions to the account of 6 Crl.Misc.No.9276/2022 the petitioner and also Rs.2,20,000/-, in total the complainant has transferred a sum of Rs.7,20,000/- and the remaining amount of Rs.14,30,000/- has been transferred to SBI Bank Hospet account bearing No.1075110731 and also paid cash to the tune of Rs.2 Lakhs. In total the complainant has paid the accused a sum of Rs.23,50,000/- and when the complainant came to know that the accused had already started the company and the petitioner made the complainant to enter into agreement and a partnership deed (unregistered deed) in the month of August 2021 & later the complainant came to know that the petitioner had forged the documents and when the complainant threatened that he is going to lodge the complaint, the petitioner issued two cheques i.e., cheque bearing No.511468 for Rs.10 Lakhs and another cheque bearing No.700106 for Rs.11,50,000/- drawn on State bank of India and also the accused has threatened the complainant, as such the complainant has lodged the complaint.

10. On perusal of the records it is noticed that the complainant

has lodged the private complaint and the same has been referred for investigation to Rajajinagara Police. The Rajajinagara Police on receipt of the complaint have registered the case in Crime No.118/2022 against the petitioner for the offence punishable under Section 384, 420, 504 & 506 of IPC & the case is still at the stage of investigation. The offences alleged against the petitioner are not punishable with death or life imprisonment. The apprehension of the prosecution is that if the bail petition is allowed the petitioner may abscond and hamper the trial. The said apprehension of the prosecution can be satisfied by imposing stringent conditions. Admittedly the petitioner is resident of Hospet and the guilt of the petitioner to be proved during the course of 7 Crl.Misc.No.9276/2022 trial. The petitioner can be enlarged on bail by imposing stringent conditions. Accordingly, I answer the point No.1 in the 'Affirmative'.

11. Point No.2:- In view of the findings given on point No.1,

I proceed to pass the following.-

ORDER

The petition filed by the petitioner/ accused under Section 438 Cr.P.C., is allowed. The respondent Rajajinagar police are directed to release the petitioner on bail in the event of their arrest in Crime No.118/2022 registered for the offences punishable under Sections 384, 420, 504 & 506 of IPC, on execution of personal bond for Rs.1,00,000/- with one surety for the like sum subject to the following CONDITIONS:-

1. The petitioner shall appear before the court on all dates of hearing and shall cooperate with the investigation.

2. The petitioner shall appear before the I.O whenever they are called upon for the purpose of investigation.

3. The petitioner shall appear before the I.O Rajajinagar police on every 1st Sunday within 9.00 am., to 9.00 pm., till filing of the charge sheet.

4. The petitioner shall produced his permanent address proof document and 8 Crl.Misc.No.9276/2022

also the address proof of his surety before the I.O.

5. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner.

6. The petitioner shall not involve in any criminal activity.

(Dictated to the Stenographer, transcribed by her, corrected and then pronounced by me in the Open Court on this 22nd day of September, 2022) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, Bengaluru.