KABC010079662024 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 19th day of April 2024 Crl.Misc.No. 2839/2024 Petitioners: 1. Syeed M, S/o Mahaboob Shariff, Aged about 43 years, R/at No.850-1, 10th Cross, Gokul 1st Stage, 2nd Phase, Msrit, Bengaluru North, Bengaluru -54.

2. Shiraj Beigh, S/o Adam Beigh, Aged about 46 years, R/at No.14-3/1, 6th B Cross, K.N. Extension, Yeswanthpura, Bengaluru22.

(By Sri. A.P, Advocate) -VsRespondent: State by Yeshwanthpura Police, Bengaluru. (By learned Public Prosecutor) ORDER ON BAIL PETITION This is bail petition u/s.438 of Cr.P.C. filed by the learned counsel for the petitioners seeking anticipatory 2 Crl.Misc.No.2839/2024 bail to the petitioners in the event of their arrest in Cr.No.373/2023 of the respondentYeshwanthpura Police Station, Bengaluru registered for the offences punishable u/s.506, 420 r/w Sec.34 of IPC, pending on the file of learned 24th Addl. C.M.M., Bengaluru.

2. The brief facts of the case are as under:

The informant has lodged the report to the Police stating that after the marriage of informant with accused No.1, he and his family members started demanding further dowry. After her delivery, the accused did not take back the informant from her parents house. As such, she filed report before the Yeshwanthpura Police Station. Then the accused approached the informant family to settle the dispute for Rs.6,50,000/- as accused No.1 has TB disease. In this regard, they issued four cheques on 21.05.2022, which are bounced and thereby accused have committed cheating by performing the marriage with accused No.1 without disclosing his disease and further made the informant to take back the dowry case by issuing fake cheques.

3. In the bail petition, the petitioners being accused

No.4 and 5 have contended that the earlier the complainant had filed complaint against the accused for the offence u/s.498-A r/w Sec.34 of IPC and in that case the accused were acquitted for the said offence. 3 Crl.Misc.No.2839/2024 In this case, there is no specific overtact against the petitioners. There are no details of alleged cheque in the information and also there is no averment in respect of settlement deed. The petitioners have not committed the alleged offence. There is apprehension from the respondent Police since they are making hectic efforts to arrest the petitioners in this case. The co-accused are already on bail. There are no reasonable materials on record to prove the alleged offence. The petitioners hail from respectable family; they have got deep roots in the society and they are permanent residents of Bengaluru. The petitioners are 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, sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that the investigation is at the preliminary stage. There are prima-facie materials as to the commission of alleged offences. The petitioners have not assigned any genuine reasons for granting bail. The petitioners are absconding from the date of commission of alleged offences. At this stage, if the petitioners are enlarged on anticipatory bail, they may threaten the prosecution witnesses, destroy the prosecution evidence and hamper the investigation by 4 Crl.Misc.No.2839/2024 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 petitioners have made out sufficient grounds to enlarge them on anticipatory bail?

2. What Order?

7. My findings to the above points are as under:

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

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

the accused have committed atrocity against a woman by demanding further dowry and on the pretense of settling the dispute by paying amount, they have got issued fake cheques, which are bounced. Thus, they have committed breach of trust and cheated the complainant. The same has been denied by the learned counsel for petitioner.

9. It is submitted by the learned counsel for the

petitioners that accused No.1 to 3 are already on bail in Crl.Misc.No.12313/2023. There is no specific overtact against the petitioners and they have been falsely implicated in the case. Hence, prays to allow the bail petition on parity ground. 5 Crl.Misc.No.2839/2024

10. The learned Public Prosecutor has submitted that

the accused have harassed the informant by demanding dowry and caused atrocity against her. In the name of settlement for taking back the registered criminal case, they issued fake cheques and committed the offence of cheating. Prays to dismiss the bail petition.

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. Hence, the involvement of the petitioners in the commission of alleged offences is to be proved in the course of trial. The offences alleged against the petitioners are not punishable with either death or imprisonment for life and are triable by the Court of Magistrate. The apprehension of the petitioners as to likelihood of their arrest by the respondent police is well founded. The petitioners have undertaken to abide the bail conditions and ready to furnish surety for their due appearance before the Court. The apprehension of prosecution could be dealt with by imposing some conditions. Accordingly, I answer the Point No.1 in the affirmative.

12. Point No.2 : In view of my findings on Point No.1

as above, I proceed to pass the following: 6 Crl.Misc.No.2839/2024 O R D E R The bail petition filed by the petitioners u/s.438 of Cr.P.C, is allowed, subject to the following conditions:

1. The petitioners are ordered to be released on bail in the event of their arrest in Cr.No.373/2023 of the respondentYashwanthpura Police Station, Bengaluru on executing their personal bond for a sum of Rs.1,00,000/- each along with a surety for like sum;

2. The petitioners shall appear before the Investigating Officer within 15 days from the date of this order and to assist him in investigation as and when required;

3. The petitioners shall appear before the trial court on all the hearing dates;

4. The petitioners shall not tamper with the prosecution witnesses;

5. The petitioners 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 19th day of April 2024.) (Kashim Churikhan) LXVII Addl.City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.24 11:37:08 +0530