Crl. Misc. No.2838/2024 KABC010079592024 IN THE COURT OF THE LXI ADDL. CITY CIVIL, SESSIONS JUDGE: BENGALURU CITY Dated this the 02 nd day of April, 2024 -: PRESENT :- SMT.NISHARANI A.C., B.A., LL.B., III ACC & SJ, Bengaluru C/C LXI ACC & SJ Bangalore, (CCH-62) CRL. MISC. No.2838/2024 Petitioner/s : 1. K.Chandra Obula Reddy S/o.K.N.Obula Reddy Aged about 43 years R/a.No.2/68 Pulla Reddy Peta (Village) Duvuru (Mandal) Produattur (Taluk) Kadapa District-516 175 (By Sri.K.C.Ravindra Babu, Adv.) V/s. Respondent : The State by Mico Layout Police Station Bengaluru. (Rep. by Public Prosecutor, Bengaluru.) Crl. Misc. No.2838/2024 ORDER ON ANTICIPATORY BAIL APPLICATION ONE FILED BY THE PETITIONER UNDER SECTION 438 OF Cr.P.C. This criminal Mis. Petition is filed by the petitioner under Section 438 of Cr.P.C., seeking the relief of anticipatory bail in relation to the case bearing No-Cr.No.102/2024, which is registered by the Mico Layout Police Station, Bengaluru alleging that petitioner has committed the offences punishable under Section 506, 120B, 420, 447 R/w. Section 34 of IPC.

2. The petitioner contents that he is innocent and he

has been falsely implicated in the instant case and the ofences alleged are not punishable with death or imprisonment for life and the dispute between the parties is purely civil in nature and he is a law abiding citizen and he is permanent resident of the address as shown in the cause title of the petition having deep roots in the society and he is the sole bread earner of the family and his family members are depending upon him for their livelihood and the alleged offences are not punishable with death or imprisonment for life and petitioner has no bad antecedents and he is ready and willing to abide by the terms and conditions that may be imposed by this court and he is also ready to offer solvent surety to the satisfaction of the Court for his release on bail, Crl. Misc. No.2838/2024 hence he is are entitled for bail.

3. On the other hand the learned Public Prosecutor has

filed his objections along with the report of the I.O. & opposed the above application that the grounds urged for seeking anticipatory bail are not satisfactory & the materials placed on record prima-facie discloses the involvement of the petitioner in commission of the alleged offences and now at this stage if the petitioner is granted anticipatory bail then he may threaten, abscond and tamper the prosecution witnesses & accordingly prayed for rejection of the bail petition.

4. In view of the above said facts and circumstances, the

points that arise for my consideration are as follows; 1) Whether the anticipatory bail petition filed by the petitioner under Section 438 of Cr.P.C., deserves to be allowed? 2) To what Order?

5. I have carefully perused the entire materials available

on record and heard the arguments of learned counsel for the petitioner and the learned Public Prosecutor for the respondent. Crl. Misc. No.2838/2024

6. Now, my findings on the above points are as follows:-

Point No.1 – In Affirmative with conditions Point No.2 – As per final Order, for the following; R E A S O N S

7. Point No.1:- On perusal of the FIR & complaint it

is alleged that the petitioner had acquired house property bearing No.602, TF-2, 3rd Floor, Stars Paradise Apartment, 8th Main, 4th Cross, Vijaya Bank Layout, Near Ayyappa Temple, Bilekahalli, Bannerughatta road, Bengaluru measuring to an extent of 1100 sq. ft. under registered sale deed dt.15.11.2010 registered at Bommanahalli SRO, Bengaluru from his Vendor T.Krishnamoorthy Naidu and Krishnaveni & complainant alleged that the petitioner made an offer to sell the said property in favour of him for a sum of Rs.36,00,000/- with a condition to execute the sale deed in favour of the complainant after receiving full and final sale consideration, based on such an offer the complainant had transferred the said amount to the SBI Bank account bearing No.20090667558 of the petitioner and after receiving the full and final sale consideration, the petitioner did not execute the sale deed by giving one or the other reason and had postponed the registration and also tried to alienate the said property in favour of 3rd person and on 06.02.2024 midnight the petitioner and some other unknown persons came to said property and had broke open the door look and had Crl. Misc. No.2838/2024 trespassed without the knowledge of the complainant and thereby committed the offences punishable under Section 506, 120B, 420, 447 R/w. Section 34 of IPC.

8. Now, it is the contention of the petitioner that he is

innocent of the alleged offences and he has not at all committed the alleged offences and he is ready and willing to abide by the conditions that may be imposed by the court for his release on bail.

9. On the other hand though the prosecution has

opposed the case of the petitioner that if the petitioner is granted anticipatory bail then he may threaten, abscond and tamper the prosecution witnesses is concerned, the same do no hold any water as the cause title of the petition & copy of plaint in OS No.1360/2024, Copy of PCR No.3336/2024 shows that the petitioner is permanent resident of Kadapa District and his presence can be easily secured before the court & I.O.

10. I am aware that this Court cannot and is not

supposed to sift the evidence made available by the prosecution at the time of deciding the bail petition. However, only for the purpose of deciding that whether the petitioner is entitled for anticipatory bail or not, I discuss the facts alleged by the prosecution and whatever I say, while disposing of this bail petition, cannot be construed as an expression of opinion on the merits of the of the main case. Crl. Misc. No.2838/2024

11. And more over since the alleged offences under

Section 506, 120B, 420, 447 R/w. Section 34 of IPC are not at all punishable with death or life imprisonment and since the alleged offences against the petitioner appears to be a civil in nature and since in the ruling of 2020(1) KCCR SN 29 (SC) it has been clearly held that – 'When the matter is civil in nature, the continuation of criminal proceedings will be abuse process of law' and since the alleged offences against the petitioner has to be decided through a thorough trial and since the apprehension of the prosecution could be met by imposing stringent conditions then looking into the nature and gravity of the alleged offences, I am of the considered opinion that the petitioner has made out a prima- facie case for grant of anticipatory bail subject to conditions and accordingly, I have answered the above point No.1 in affirmative.

12. Point No.2 :- In view of the discussion made on

point No.1 and further holding it in the affirmative, I proceed to pass the following:- O R D E R The anticipatory bail petition one filed by the petitioner u/s 438 of Cr.P.C., is hereby allowed subject to following conditions;

1. That in the event of arrest of the

petitioner in Cr. No.102/2024 of respondent Crl. Misc. No.2838/2024 Police he shall be released on bail on executing a personal bond for Rs.1,00,000/- with one surety for like sum amount.

2. That the petitioner shall not hold any

threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly.

3. That the petitioner shall not leave the

jurisdiction of the court without prior permission

4. That the petitioner shall furnish his

residential address proof and that of his surety.

5. That the petitioner shall not indulge in

similar type of offences in future.

6. That the petitioner shall appear before

the trial court regularly without fail on receipt of the summons.

7. That if the petitioner fails to obey any

of the above said conditions, then this bail order automatically stands cancelled. (Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced by me in the open Court on this the 02nd day of April, 2024). (NISHARANI A.C) C/C LXI ACC & SJ, B’luru.