KABC010078932024 Presented on : 21-12-2023 Registered on : 21-12-2023 Decided on : 02-01-2024 Duration : 0 years, 0 months, 12 days IN THE COURT OF THE LXIV ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-65) AT BENGALURU) Dated this 3rd day of April 2024 -: P R E S E N T :- Smt. Kalpana M.S., B.Sc., LL.M.,PGD-CLCF., LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No. 2819 /2024 PETITIONER : Mr. Arun Kumar Krishnan, S/o. P.K. Krishnan, Aged about 51 years, R/at No.32, 5th Main, Jayamahal Extn., Benson Town Post, Jayamahal, Bengaluru-560 046. (Accused No.1) (By Sri. M. Chalapathi, Advocate) 2 Crl.Misc.No.2819/2024 /Vs/ RESPONDENT : State of Karnataka by Halasurgate Police Station, Bengaluru. (Rep. By Learned Public Prosecutor) ORDERS ON ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF CR.P.C. Petitioner/accused No.1 has filed this petition under Section 438 of Code Criminal Procedure (hereinafter referred as Cr.P.C.,) seeking anticipatory bail in Cr.No.228/2023 of Halasurgate Police Station, Bengaluru for the offences punishable under Sections 420, 465, 468, 473 read with Section 34 of Indian Penal Code (hereinafter referred as I.P.C.), pending on the file of I-Addl. Chief Metropolitan Magistrate Court, Bengaluru. 3 Crl.Misc.No.2819/2024

2. Learned Public Prosecutor appearing for the

State has filed objections statement along with report of the Investigating Officer opposing the bail petition.

3. For the purpose of brevity, the facts

mentioned in the petition and objections will be stated at appropriate stage of the orders.

4. Heard arguments. Perused the citation

relied upon by the learned counsel for the petitioner and the materials on record.

5. The points do arise for my consideration are;

1. Whether petitioner/accused No.1 is entitled for grant of anticipatory

bail under Section 438 of Code of Criminal Procedure?

2. What Order?

6. For the reasons stated hereinafter, my

findings on the above points are as follows; 4 Crl.Misc.No.2819/2024 Point No.1: In the Affirmative Point No.2: As per final order for the following:- R E A S O N S

7. POINT No.1:- Along with petition, petitioner

has produced certified copies of complaint, F.I.R. in Cr.No.228/2023, copy of complaint from Senior Sub- Registrar, Gandhinagar, Bengaluru and xerox copy of Aadhar card. Perused the same.

8. The facts set out in the complaint, F.I.R., in

brief, is as under; The complainantSmt. Shashikala H.P., Sub- Registrar lodged complaint alleging that, as per the complaint given by one Atheek Sulaiman, the GPA Holder of Raziya Sulaiman that stamp paper embossed for Rs.200/- on 08.08.2017 in Sl.No.95863 through PB No.6924 and the said franking machine bearing PB 5 Crl.Misc.No.2819/2024 No.6924 belongs to Gandhinagar Sub-Registrar office, but the seal in the said stamp paper is of Shivaji Nagar Sub-Registrar office. Hence, verified the office documents pertaining to franking register dated 09.08.2017 started with Sl.No.407837 and ended with

409826. It appears that franking machine bearing

No.PB 6924 is unauthorisedly used to create fake paper and created fake seal and sign and said paper used by accused No.1 Arun Kumar and accused No.2 Shama Unnisa. Due to the said act, caused a loss of lacks of rupees to the government. On the basis of the complaint, respondent police registered F.I.R, for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of I.P.C. and proceeded with investigation.

9. Learned counsel vehemently argued that,

petitioner/accused No.1 is innocent of the alleged offences. He has not committed the said offences. The 6 Crl.Misc.No.2819/2024 complainant has filed this case on forged documents. There is no criminal antecedents. The petitioner is ready and willing to abide by the terms and conditions that may be imposed by this court. There is serious apprehension of arrest. The respondent police are making hectic efforts to arrest the petitioner. The learned counsel submits that, the petitioner has made out prima facie case for grant of pre-arrest bail.

10. At the out set, the alleged offences are triable

by Magistrate. The said offences are neither punishable with death penalty nor imprisonment for life. The commission of offences by the petitioner is required to be established during trial. The Hon'ble Supreme Court of India in the decision of State of Rajasthan, Jaipur V/s. Balachandh @ Baliay (AIR 1977 SC 2447) and in catena of decisions pleased to laid down the legal doctrine that "Bail is a rule and jail is an exception". This legal 7 Crl.Misc.No.2819/2024 doctrine is laid down for safeguarding fundamental right under Article 21 of Constitution of India, granting the right to life and liberty.

11. The offence alleged against the petitioner is

punishable under 420 of I.P.C. and other allied offences. It is settled law that, in a case of this nature, custodial interrogation is not warranted. In the decision reported in AIR 2023 Supreme Court 1570: AIR Online 2023 SC 198 in a case of Mahdoom Bava V/s.Central Bureau of Investigation, the Hon'ble Court pleased to observe that; Criminal P.C. (2 of 1974) S.438 – Anticipatory bail – Entitlement – Offences U/Ss. 420, 467, 468, 471 R/w.Sec.120B of I.P.C. and S.13(3) R/w.Sec. 13(1)(d) of the Prevention of Corruption Act – When case was primarily based on documentary evidence, arrest of accused persons was not 8 Crl.Misc.No.2819/2024 warrantedEleven cases were registered against prime accused but those cases were not relevant for adjudicating the present matter. Accused persons apprehended that they may be remanded to custody by trial courtAnticipatory bail granted. The ratio laid down in the cited decision is squarely applicable to the facts and circumstances of this case.

12. It is forthcoming from the records that,

there is a civil suit in respect of property. This court find substance that, to defeat the rights of the petitioner, this false complaint is filed. The dispute is civil in nature. The complainant is giving colour of criminal dispute. There is no criminal antecedents. The petitioner has permanent place of abode in Bengaluru. There is remote chances of flee from justice. The apprehension of the prosecution could be met by imposing stringent conditions to secure the accused person during trial. 9 Crl.Misc.No.2819/2024 Under these facts and circumstances and having regard to the nature of offences alleged and punishment prescribed and in view of the law laid down by the Hon'ble Supreme Court of India in the case of Satender Kumar Antil V/s.Central Bureau of Investigation in Miscellaneous Application No.1849/2021 dated 11.07.2022, I am of the opinion that, to struck the balance between individual liberty and humiliation due to unjustifiable detention against free and fair trial as well as welfare of society, it is proper to enlarge the petitioner on bail by imposing appropriate terms and conditions. Accordingly, point No.1 is answered in the Affirmative.

13. POINT NO.2: In view of the aforesaid

discussion, this court proceed to pass the following : 10 Crl.Misc.No.2819/2024 O R D E R Anticipatory bail petition under Section 438 of Cr.P.C., filed by the petitioner/accused No.1 is allowed. Respondent police is directed to release the petitioner/accused No.1 on bail in the event of his arrest in Cr.No.228/2023 of Halasurgate police station, Bengaluru for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of IPC, pending on the file of I-Addl. Chief Metropolitan Magistrate Court, Bengaluru by taking personal bond for ₹.50,000/- (fifty thousand) with two sureties for like sum on following conditions;

1. Petitioner/accused No.1 shall appear

before Investigating Officer and cooperate with investigation within 15 days from the date of this order and make himself available for 11 Crl.Misc.No.2819/2024 investigation as and when called by the Investigating Officer.

2. He shall furnish documents regarding his address proof, the

address proof of his sureties at the time of furnishing sureties.

3. He shall mark his attendance at respondent police station on 1st and

3rd Sunday of every month between 10.00 a.m. and 2.00 p.m., till conclusion of investigation or for a period of 3 months, whichever is earlier.

4. He shall not directly or indirectly

make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts either to the Investigation Officer or to the trial court. 12 Crl.Misc.No.2819/2024

5. He shall not leave the jurisdiction of India without prior permission of the

trial court.

6. He shall not involve in any criminal

activities.

7. In the event any change in the

residential address, petitioner and his sureties shall intimate the same to the trial court immediately without fail. Violation of any of these conditions would entitle cancellation of bail. (Dictated to the Stenographer Grade-I directly on computer, typed by her, then corrected, signed and pronounced by me in open court on this 3rd day of April 2024). (KALPANA M.S.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. 13 Crl.Misc.No.2819/2024 Order pronounced in the open Court, vide separate Order:- O R D E R Antici patory bail petition under Section 438 of Cr.P.C., filed by the petitioner /accused No.1 is allowed. Respondent police is directed to release the petitioner/accused No.1 on bail in 14 Crl.Misc.No.2819/2024 the event of his arrest in Cr.No.228/2023 of Halasurgate police station, Bengaluru for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of IPC, pending on the file of I-Addl. Chief Metropolitan Magistrate Court, Bengaluru by taking personal bond for ₹.50,000/- (fifty thousand) with two sureties for like sum on following conditions;

1. Petitioner/accused No.1 shall appear before Investigating Officer

and co-operate with investigation within 15 days from the date of this order and make himself available for investigation as and when called by the Investigating Officer.

2. He shall furnish documents regarding his address proof, the 15 Crl.Misc.No.2819/2024

address proof of his sureties at the time of furnishing sureties.

3. He shall mark his attendance at respondent police station on 1st

and 3rd Sunday of every month between 10.00 a.m. and 2.00 p.m., till conclusion of investigation or for a period of 3 months, whichever is earlier.

4. He shall not directly or indirectly

make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts either to the Investigation Officer or to the trial court.

5. He shall not leave the jurisdiction of India without prior permission

of the trial court.

6. He shall not involve in any

criminal activities. 16 Crl.Misc.No.2819/2024

7. In the event any change in the residential address, petitioner and

his sureties shall intimate the same to the trial court immediately without fail. Consequently, this criminal miscellaneous proceedings is disposed of. LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY.