KABC010081182024 IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.No.68) PRESENT SRI. KASHIM CHURIKHAN, B.A., LL.M. LXVII Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 15th day of April 2024 Crl.Misc.No.2 886 /2024 Petitioner: Honnakrishna @ Putta, S/o N.S. Dharaniyappa, Aged about 39 years, R/at No.101, 1st Floor, 2nd Main Road, Kirloskar Layout, Nagasandra, Bengaluru73. Also AT Cheluru, Tumakuru Taluk, Tumakuru17. (By Sri. D.S.S, Adv.) -Vs- Respondent: State by Gangammanagudi Police, Bengaluru. (By learned PP) ORDER ON BAIL PETITION This is bail petition u/s.438 of Cr.P.C, filed by the learned counsel for the petitioner seeking anticipatory bail to the petitioner in the event of his arrest in Cr.No.34/2024 of the respondentGangammanagudi 2 Crl.Misc.No.2886/2024 Police Station, Bengaluru registered for the offences punishable u/s.506, 504, 420 of IPC, pending on the file of learned 31st A.C.M.M, Bengaluru.

2. The brief facts of the case are as under:

The informant has lodged the report to the Police stating that accused being second hand car dealer has promised the informant to sell his Maruthi Car bearing No.KA-51/P-0562 and on 13.02.2023, he took its original documents and signature of informant on Form No.29 and 30. Though the accused sold the car of informant, neither he paid the amount nor returned the car. It is also alleged that when the informant demanded for payment or for return of car, the petitioner has abused him in filthy words and also threatened his life and his family members life.

3. In the bail petition, the petitioner has contended

that he is innocent of the alleged offence and he has got valid and tenable defence. The allegations do not attract the necessary ingredients of alleged offence. The contents of complaint are unbelievable and far away from the truth. To extract the excess amount, the complainant has made this false and frivolous allegations against the innocent petitioner. Having regard to the nature of allegations, the petitioner is not required for custodial interrogation. The alleged offences are not punishable with death or 3 Crl.Misc.No.2886/2024 imprisonment for life. The petitioner is ready and willing to abide the terms and conditions those going to be imposed by this Court and ready to offer surety to the satisfaction of the Court, if anticipatory bail is granted. Hence, the counsel for petitioner sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that the investigation is yet to be completed. There are prima-facie materials as to the commission of alleged offences. The petitioner has not assigned any genuine reasons for granting bail. The petitioner is absconding from the date of commission of alleged offences. At this stage, if the petitioner is enlarged on anticipatory bail, he may be threaten the prosecution witnesses, destroy the prosecution evidence and hamper the investigation by fleeing away from justice. Hence, sought for rejection of the bail petition.

5. Heard.

6. The points raised for determination are as under:

1. Whether the petitioner has made out sufficient grounds to enlarge him on anticipatory bail?

2. What Order?

7. My findings to the above points are as under:

Point No.1: Affirmative, 4 Crl.Misc.No.2886/2024 Point No.2: As per the final order, for the following: R E A S O N S

8. P oint No.1 : The case of the prosecution is that

the accused being second hand car dealer, with intention to cheat the informant, he has received the car and original documents of the car and sold the same, but did not pay the amount or return the car. Further, the accused abused the informant and threatened his life. The same has been denied by the learned counsel for the petitioner.

9. It is submitted by the learned counsel for this

petitioner that there is delay of one year in filing the complaint. The informant though received the amount, to extract excess amount, he filed this false case. Hence, prays to allow the bail petition.

10. The learned Public Prosecutor has submitted that

on assurance to make arrangement to sell the vehicle, the accused received the vehicle, but did not return the vehicle or pay the sale amount and thereby the petitioner cheated the informant. Prays to dismiss the bail petition.

11. The alleged facts are all to be proved in full

fledged trial with authenticated testimony of the prosecution witnesses. That apart, securing the 5 Crl.Misc.No.2886/2024 accused for the purpose of investigation and trial are the criteria to grant bail. It reveals from the records that the co-accused are already enlarged on bail by the trial Court. The offences alleged against the petitioner are not punishable with either death or imprisonment for life. The apprehension of the petitioner as to likelihood of his arrest by the respondent Police is well founded. The petitioner has undertaken to abide the bail conditions and ready to furnish surety for his due appearance before the Investigating Officer as well as before the Court for the purpose of trial. The apprehension of prosecution could be dealt with by imposing some conditions. Therefore, the petitioner is entitled for anticipatory bail. Accordingly, I answer the Point No.1 in the affirmative.

12. Point No.2 : My finding on this point is as per the

following: O R D E R The bail petition filed by the petitioner u/s.438 Cr.P.C., is hereby allowed, subject to the following conditions:

1. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.34/2024 of the respondentGangammanagudi Police Station, Bengaluru on executing his bond for a sum of Rs.1,00,000/- along with one surety for like sum; 6 Crl.Misc.No.2886/2024

2. The petitioner shall appear before the Investigating Officer within 15 days from the date of this order and to assist him in investigation as and when required;

3. The petitioner shall appear before the trial Court on all the hearing dates;

4. The petitioner shall not tamper with the prosecution witnesses;

5. The petitioner shall not indulge in committing any offences.

(Dictated to the Stenographer Grade-I directly on Computer, corrected, signed and then pronounced by me in the open court on this the 15th day of April 2024) (Kashim Churikhan) LXVII Addl. City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.16 12:57:59 +0530