1 Crl.Misc.No.3006/2024 KABC010084992024 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri. T.Govindaiah, B.Com., LL.B., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 02nd Day of April, 2024. Crl.Misc.No.3006 /2024 PETITIONER 1. Mohammed Hafeez Ullah @ Sharieff Aged about 69 years S/o Abdul Azeez R/at No.82, 4th A Cross Gautham Pharmacy College Kanakanagar, Bengaluru North Bengaluru (By Mabu Subani.. Adv) V/s RESPONDENT State of Karnataka By Vishveshwarapuram Police Station, Bengaluru. (Rep. by: Public Prosecutor) 2 Crl.Misc.No.3006/2024

ORDER

This is a petition filed by the petitioner under Section 438 of Cr.P.C for bail in the event of his arrest in Cr.No.18/2024 by the respondent police for the offences punishable under Secs. 420, 504 and 506 of IPC pending on the file of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru.

2. The petitioner has sought for anticipatory bail on the

grounds that, he is innocent of the offences alleged. He has been falsely implicated. The dispute between the complainant and petitioner is purely civil in nature. The offences alleged are not punishable with death or life imprisonment. He is a senior citizen. He is suffering from age old ailments. He is a daily wage worker. He is the only bread earner of his family. He is a permanent resident of Bengaluru. He is a senior citizen. He hails from a very respectable family. He is having deep roots in the society. He is a law abiding citizen. He is ready to abide by the conditions that may be imposed. He is ready to furnish surety. 3 Crl.Misc.No.3006/2024

3. The prosecution has filed statement of objections

narrating the facts of the case. Further the alleged offences are heinous in nature. Prima facie the prosecution papers discloses the involvement of the petitioner in the alleged offence. If the petitioner is granted the relief he may abscond. He may not co­operate with the investigation. He may tamper with the prosecution witnesses and evidence. He may commit similar nature of offence. Hence sought for dismissal of the petition.

4. Heard the arguments of both sides.

5. The following points arise for my determination:­

1. Whether the petitioner is entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?

2. What order?

6. My findings on the above said points are as

follows; Point No.1 : In the Affirmative Point No.2 : As per final order, for the following :­ 4 Crl.Misc.No.3006/2024 R E A S O N S

7. Point No.1:­ The complainant Mohammed Ateeq .

has filed complaint alleging that he is a retired employee of HMT machine toold factory. Through the brokers i.e. Shamsheel and Ahmed, the complainant came to know Mohammed Hafeezulla @ Shariff son of Late Abdul Azeez Saheb. In the year 2014 the accused has told the complainant that he will sell two sites at Shampur, R.T.Nagar, Bengaluru to the complainant and in this regard the accused has executed an agreement in favour of complainant and the complainant has paid Rs.65,00,000/­ out of which he has paid Rs.22,00,000/­ by cash and Rs.43,00,000/­ through cheques from UCO bank to the accused. Thereafter the accused has returned Rs.20,00,000/­ to the complainant and for the remaining amount the accused has informed that he will sell the other sites to the complainant in some other place, but the said sites also were under litigation. In the month of December 2023 the complainant has asked the accused either to return the amount or to register the sites for 5 Crl.Misc.No.3006/2024 the remaining amount the accused has informed that he will sell the other sites to the complainant in some other place, but the said sites also were under litigation. In the month of December 2023 the complainant has asked the accused either to return the amount or to register the sites for the remaining amount, for this the accused has informed to the complainant to come near St.Joseph school, Chamarajpet he will settle the issue, the complainant had gone there and the complainant has asked the accused either to return the amount or to register the sites, for this the accused has scolded the complainant and not pay any amount. Hence the complainant lodged the complaint against the accused.

8. It is the argument of the learned Public Prosecutor

that the petitioner having received Rs.25,00,000/­ from the complainant. Apart from this the accused has not received any other amount from the complainant. The alleged dispute is purely civil in nature. The apprehension of the prosecution that the petitioner may abscond and may tamper with the prosecution witnesses can be met out by imposing conditions. The petitioner has undertaken to abide by the conditions that 6 Crl.Misc.No.3006/2024 may be imposed and to furnish surety. He is also a permanent resident of Bengaluru. Considering the nature and gravity of the offence, and liberty of the petitioner, he is entitled for the relief claimed. Accordingly the point is answered in the Affirmative.

9. Point No.2: In view of the findings on point No.1,

this court proceed to pass the following:­

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.18/2024 by the respondent police for the offences punishable under Secs. 420, 504 and 506 of IPC pending on the file of XXIV Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:­ 1) The petitioner shall execute personal­bond for Rs.1,00,000/­ with two sureties for the like sum to the satisfaction of trial court within 15 days from the date of this order. 2) The petitioner shall co­operate with the investigation and shall appear before the IO as and when called for. 7 Crl.Misc.No.3006/2024 3) The petitioner shall appear before the court regularly on all hearing dates. 4) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence. 5) The petitioner shall furnish his residential address proof. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the Open Court on this the 2nd Day of April, 2024) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru.