KABC010079132024 IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-66) PRESENT SHRI. HEMANTH KUMAR. C.R. B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, C/c. LXVI Addl. City Civil & Sessions Judge,(CCH-67) Bengaluru. Dated this the 30th day of March, 2024 Crl.Misc.No. 2825 of 2024 PETITIONER/S:- Syed Musaddiq, S/o. Syed Maqubool, Aged about 51 years, R/at No.711, 1st Cross, R.K. Hegade Nagar, Bengaluru-560 077. (By Sri. Harish, Advocate) V/s. RESPONDENT/S:- STATE OF KARNATAKA, By Sampigehalli Police Station, Bengaluru. (Rep. by Public Prosecutor) 2 Crl.Misc.No.2825/2024 ORDER ON PETITION FILED UNDER SECTION 438 OF CR.P.C This petition is filed under Section 438 of Cr.P.C., seeking anticipatory bail to the petitioner in Crime No.88/2024 registered by the respondent Sampigehalli Police for the offence punishable under sections 420, 504, 506 of IPC.
2. Brief facts of the case.-
The complainant Sri.Palanivelu has lodged the complaint alleging that he is residing in the address along with his family members since 40 years and doing Electrician work and leading life. The complainant known the petitioner/accused who is residing near his house. In the year 2016, the petitioner came and told with the complainant that he will get loan of Rs.10,00,000/- in the Bank and he knows the Bank Manager and Agents and he will get loan through them, made believed and assured the complainant. Therefore, the complainant hand-over the original documents of his house No.706 to the petitioner. After some days, when the complainant had asked about the loan was not sanctioned in his name, for which, the petitioner had assured that the loan of Rs.10,00,000/- will be sanction and went on telling the same. The petitioner had taken the original documents of his house No.706 and received 2 signed cheque Nos.815381 and 815383 and also received Ration card, Aadhar Card, Election I.D Card, Electricity Bill and other documents from him. After receiving the same, without knowledge of the complainant, the petitioner got purchased Washing Machine valued Rs.22,000/- in the name of the complainant at Bajaj Finance and not paid the monthly EMIs and shifted burden upon the complainant and cheated him. The bank officials have tortured for repayment of the amount. On 19.01.2024 in the evening around 8-30 3 Crl.Misc.No.2825/2024 p.m., the complainant went near the house of the petitioner at that time the petitioner became angry and asked the complainant oftenly not to ask for the documents and also threatened the complainant for life and he was not given any document to him and warned not to come near his house. Alleging the same complainant has lodged complaint. The police on receipt of the said complaint have registered the case in Crime No.88/2024 for the offences punishable under Sections 504, 506, 420 of IPC.
3. The petitioner being aggrieved by the same has preferred
this bail petition on the following among other grounds. The petitioner submits that he is innocent of the alleged offences and he has been falsely implicated in the said case. The petitioner has further contended that complainant has intentionally lodged complaint against the petitioner with an intention to extract money illegally. The petitioner submits that the complaint it clearly discloses that on 19.01.2024 in the night around 8-30 p.m., the complainant has been lodged on 10.02.2024 and there is a delay of more than 23 days in lodging complaint. The petitioner submits that the ingredients of complaint does not attract the offences alleged against the petitioner. The petitioner submits that in no way concerned to the alleged incident and the complainant has never came near his house and he never insulted or threat with dire consequences. The petitioner further submits he is ready and willing to abide by the terms and conditions imposed by this Court and also co-operate with the investigation. Hence, prays to allow the bail petition.
4. After service of notice, the learned Public Prosecutor has
appeared and filed objection contending that the offences alleged against the petitioner is grievous in nature and also further contended 4 Crl.Misc.No.2825/2024 that the complaint averments prima-facie disclose that the petitioner involved in the alleged offences. The learned Public Prosecutor has also further contended that the ingredients of the offence prima-facie shows that accused is involved in the alleged offence and further contended that the amount involved in the alleged offence is huge as the investigation is still in progress at this stage if the bail petition of the accused is allowed there is every chance of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to reject the bail petition.
5. Heard the arguments. Now the points that arise for my
consideration.-
1. Whether the petitioner has made out sufficient ground to allow the petition filed under Section 438 of Cr.P.C?
2. What order?
6. My answer to the above points are.-
Point No.1:– In the Affirmative Point No.2:– As per final order for the following
REASONS
7. Point No.1:- The petitioner counsel has addressed the
arguments contending that the petitioner is innocent of the alleged offences and the ingredients of the complaint does not attract the offence alleged against the petitioner. The petitioner counsel also contended that the complainant has alleged that on 19.01.2024 in the night around 8-30 p.m., the complainant had been near the house of the petitioner and petitioner/accused has abused with filthy language and also threatened the complainant for life, but the complainant has 5 Crl.Misc.No.2825/2024 lodged complaint on 10.02.2024 and there is a delay of more than 23 days in lodging the complaint. Petitioner counsel has also contended that the case is still under the stage of investigation and also has further contended that the petitioner is ready and willing to abide by the terms and conditions imposed by this Court and also co-operate with the investigation. Hence, prays to allow the bail petition.
8. The learned Public Prosecutor has addressed the
arguments contending that the offences alleged against the petitioner is grievous in nature and also further contended that the complaint averments prima-facie shows that the petitioner has involved in the alleged offences. The learned Public Prosecutor has address the arguments contending that the investigation is still under progress and at this stage if the bail petition of the petitioner is allowed there is every chance of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to reject the bail petition.
9. On perusal of the records it is noticed that the complainant
has lodged complaint against petitioner alleging that in the year 2016, the accused had approached the complainant stating that he would get loan of Rs.10,00,000/- in the Bank and he knows the Bank Manager and Agents and he will get loan through them. The accused had also collected original documents of house No.706 of the complainant and also collected 2 signed cheques, Ration card, Aadhar Card, Election I.D Card, Electricity Bill and other documents and after receiving the said documents without the knowledge of the complainant the accused got purchased Washing Machine valued Rs.22,000/- in the name of the complainant at Bajaj Finance and not paid the monthly EMIs and shifted burden upon the complainant and cheated him. The bank officials have 6 Crl.Misc.No.2825/2024 approached the complainant for recovery of the said loan. On 19.01.2024 in the evening around 8-30 p.m., when the complainant went near the house of the accused, at that time, the accused became angry and threatened the complainant for life and also abused the complainant stating that he has not taken any original documents and cheques from the complainant. The complainant alleging the said facts has lodged the complaint. The police on receipt of the said complaint have registered the case in Crime No.88/2024 for the offences punishable under Sections 504, 506, 420 of IPC.
10. On perusal of records it is noticed that the offences alleged
against the petitioner are not punishable with imprisonment for life or death. The petitioner has contended that he is innocent of the alleged offences and has been falsely implicated in the said case and he is ready and willing to abide terms and conditions imposed by this Court and also co-operate with the investigation. The apprehension of the prosecution is that if the bail petition of the accused is allowed there is every chances of petitioner threatening the prosecution witnesses, destroy the evidence, abscond and hamper the trial. In the present case, the case is still under the stage of investigation at this stage it cannot be said that the petitioner is involved in the alleged offence. The guilt of the petitioner has to be proved during the course of trial as the case is still under the stage of investigation and the petitioner having contended that he is ready and willing to abide by the terms and conditions and also co-operate with the investigation. The said apprehension of the prosecution can be satisfied by imposing stringent conditions. Admittedly, the petitioner is the resident of the address shown in the cause title. If at all during the course of trial, the prosecution is able to prove the guilt of the petitioner, he can be dealt 7 Crl.Misc.No.2825/2024 with in accordance with law. Considering all these facts, I am of the opinion that the petitioner can be enlarged on bail by imposing certain conditions, which would meet the apprehension of prosecution. Accordingly, I answer the point No.1 in the Affirmative.
11. Point No.2:- In view of the findings given on point No.1, I
proceed to pass the following.-
ORDER
The petition filed by the petitioner/accused under Section 438 Cr.P.C., is allowed. The respondent Sampigehalli police are directed to release the petitioner on bail in the event of his arrest in Crime No.88/2024 registered by the Sampigehalli police for the offences punishable under Sections 420, 504 and 506 of IPC, on execution of personal bond for Rs.50,000/- with one surety for the likesum subject to the following CONDITIONS:-
1. The petitioner shall appear before the court on all dates of hearing.
2. The petitioner shall appear before the IO whenever he is called upon for the purpose of investigation.
3. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner.
4. The petitioner shall not involve in any criminal activity. 8 Crl.Misc.No.2825/2024
5. The petitioner shall produce the permanent address proof document.
(Dictated to the Stenographer Grade-II, transcribed by him, corrected and then pronounced by me in the Open Court on this 30th day of March, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, C/c LXVI Addl. City Civil & Sessions Judge,(CCH-67) Bengaluru. 9 Crl.Misc.No.2825/2024 Order pronounced in open Court vide separate order with following operative portion:
ORDER
The petition filed by the petitioner/accused under Section 438 Cr.P.C., is allowed. The respondent Sampigehalli police are directed to release the petitioner on bail in the event of his arrest in Crime No.88/2024 registered by the Sampigehalli police for the offences punishable under Sections 420, 504 and 506 of IPC, on execution of personal bond for Rs.50,000/- with one surety for the likesum subject to the following CONDITIONS:-
1. The petitioner shall appear before the court on all dates of hearing.
2. The petitioner shall appear before the IO whenever he is called upon for the purpose of investigation.
3. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner.
4. The petitioner shall not involve in any criminal activity.
5. The petitioner shall produce the permanent address proof document.
LXV Addl. CC & SJ, C/c LXVI Addl. CC & SJ, (CCH-67) Bengaluru.