KABC010081402024 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 8th day of April 2024 Crl.Misc.No.2 898 /2024 Petitioner: Saji Joseph, S/o late Joseph, Aged about 57 years, R/at No.137/1, Ariyamannil House, Jothinagar, Hormavu Agara, Horamavu Post, Bengaluru -43. (By Sri. K.P.R, Adv.) -Vs- Respondent: State by Hennur 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 C.C.No.1994/2024 (Cr.No.110/2016 of the respondent- Hennur Police Station, Bengaluru registered for the 2 Crl.Misc.No.2898/2024 offences punishable u/s.406, 465, 468, 471, 420 and 506 of IPC, pending on the file of learned 4th A.C.M.M, Bengaluru.

2. The brief facts of the case of prosecution are as

under: The informant is the wife of accused No.1. Since there was family dispute between them, they were separated in the year 2015. Earlier, the accused No.1 has threatened the informant to transfer and get register her three sites in his name and also abused her in filthy words. With intention to cheat the informant, he has created fake GPA and got the signatures of C.Ws.5 and 6 as witnesses to the fake GPA. Thereafter he had executed the registered sale agreement to sell three sites of informant by receiving sale consideration amount of Rs.20 from C.W.4.

3. In the bail petition, the petitioner has contended

that the allegations made in the complaint are all false and it is a frivolous story created by the complainant. The informant want to grab the properties of petitioner and to harass him, she has started filing false complaints against him and his friends. The complainant and petitioner have filed both criminal and civil cases and counter cases, which are pending before the Courts. The allegations made in this case are civil in nature. He is innocent of the alleged offences. He hails from respectable family and having deep roots and maintain 3 Crl.Misc.No.2898/2024 high reputation in the society. He is permanent resident of address given in the petition. Charge sheet has been already filed in this case. 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 there are prima-facie materials from the charge sheet 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: 4 Crl.Misc.No.2898/2024

Point No.1: Affirmative, Point No.2: As per the final order, for the following: R E A S O N S

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

the accused with intention to cheat the informant has crated GPA and by using fake GPA, he has got registered the sale agreement in respect of three sites of informant. 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 matrimonial dispute between the informant and petitioner. Charge sheet is filed in this case. At the time of investigation, the petitioner has co- operated the Investigating Officer and produced documents. In this case, directly NBW has been issued against the petitioner without issuing summons. As per the rulings of Hon'ble Supreme Court, without service of summons, NBW should not be issued. Hence, prays to allow the bail petition on parity ground.

10. The learned Public Prosecutor has submitted that

this petitioner has created the forged GPA in the name of informant and sold her properties by receiving sale consideration amount and thereby cheated the informant. Prays to dismiss the bail petition. 5 Crl.Misc.No.2898/2024

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

trial with authenticated testimony of the prosecution witnesses. That apart, securing the accused for the purpose of investigation and trial are the criteria to grant bail. 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. He is not required for any custodial interrogation since charge sheet is already filed int his case. 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. P oint 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 C.C.No.1994/2024 (Cr.No.110/2016 of the respondentHennur Police Station, Bengaluru on 6 Crl.Misc.No.2898/2024

executing his bond for a sum of Rs.1,00,000/- along with one surety for like sum;

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

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

4. 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 8th 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 12:57:35 +0530