Crl.Misc.2968/2024 KABC010084182024 IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) Dated this the 06th day of April 2024 :PRESENT: Sri.Sabappa,B.Com.,LLB(Spl.) LXVIIIAddl.CityCivilandSessionsJudge, Bengaluru City. CRIMINAL MISCELLANEOUS No.2968/2024 PETITIONERS : 1. Venkatesh. P, S/o Puttasomegowda, Aged about 39 years, R/at No.116, 13th Block, 3rd Main, II Stage, Nagarbhavi, Bengaluru – 560 072.

2. Krishna. D, S/o D. Devegowda, Aged about 56 years, R/at No.67, Krishna Arya Elegance, 'A' Block, Flat No.406, 4th Floor, 11th Cross, 9th Main, Mahalakshmi Layout, Bengaluru – 560 086.

(By Sri. D. Narase Gowda, Adv.,) Crl.Misc.2968/2024 V/s RESPONDENT : State by; Kamakshipalya Police Station, Bengaluru. (RepresentedbyPublicProsecutor) ORDER ON BAIL PETITION U/SEC.438 OF CR.P.C. This petition is filed by the petitioners under Sec.438 of Cr.P.C., seeking anticipatory bail in the event of their arrest in connection with Cr.No.92/2024 registered by Kamakshipalya Police, Bangalore, for the offences punishable under Secs.406, 420, 504, 506 r/w 34 of I.P.C.

2. The brief facts of the case of the petitioners' is that, the

respondent police have registered case against them and others in Cr.No.92/2024 for the offences punishable under Secs.406, 420, 504, 506 r/w 34 of I.P.C on the basis of the complaint lodged by one Harish.V. It is alleged in the complaint that, the complainant and his brothers had commercial property at Chinnappanahalli Village and availed loan from M/s. Cholamandalam Finance. Due to Covid-19, they could not pay monthly loan installments. Thereby, they approached the petitioners who are financiers through Azeez and Murthy Gowda, wherein they have paid Rs.1,90,00,000/- and discharge the loan with M/s. Cholamandalam Finance and stage by stage they have paid in all Rs.4,90,00,000/- as against agreed to Crl.Misc.2968/2024 lend Rs.5,00,00,000/-. Whereas, they have made MOU for having been paid Rs.6,25,00,000/- and instead of agreement for the alleged loan amount, they have forcibly obtained absolute sale deed dated 01.12.2022. Though the complainant is ready to repay the loan amount, the petitioners are avoiding and demanding amount as per their whims and fancies and thereby, they have breached and cheated the complainant. Hence, complainant lodged the complaint. Therefore, the petitioners are apprehending their arrest by the respondent police and has filed this anticipatory bail application.

3. The grounds urged by the petitioners are as under.

The petitioners submitted that, they are innocents of the alleged offences. They have not committed any offences. On plain reading of the complaint reveals that, the complainant and his two brothers have jointly executed the absolute sale deed dated 01.12.2022 for a valid sale consideration of Rs.6,25,00,000/- and acknowledged the sale consideration. The present complaint is filed after lapse of more than one year making false and frivolous allegations. Due to illegal interference of the complainant and his brothers the petitioner No.1 has filed the O.S.No.671/2024, wherein the Hon'ble Court by its order dated 25.01.2024 directed both the parties to maintain status quo and adjourned to 23.02.2024. The complainant after receipt of summons from the original suit foisted the present complaint and it is an after thought. The matter is civil in nature. The petitioners are law abiding citizens and hail from respectable family. They have to look after their families. They are Crl.Misc.2968/2024 permanent residents of Bengaluru. They are ready to abide by all the conditions imposed by this Court. They are ready and willing to furnish surety to ensure their regular appearance. Hence, sought for grant of anticipatory bail.

4. The learned Public Prosecutor has filed objections to

the bail petition along with the report of the P.S.I, Kamakshipalya Police Station. In the objections the learned Public Prosecutor has narrated the facts as stated in the F.I.R. The investigation of the case is under progress. The petitioners and other accused persons have cheated the complainant. The accused Nos.1 and 2 have admitted about the commission of the offence before the I.O. An amount of Rs.84,75,000/- is transferred to the account of accused No.3 from the account of the complainant. The petitioners are involved in the commission of the alleged offences. The petitioners are required for interrogation. They are absconding. If the petitioners are granted bail, there is every chance that they may abscond and not co-operate with the investigation and may tamper the evidence. Therefore, the P.P has sought for rejection of bail.

5. Heard both sides. Perused the materials on record.

6. The points that arise for my consideration are:

1. Whether the petitioners have made out sufficient grounds for grant of anticipatory bail as sought for?

2. What order? Crl.Misc.2968/2024

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

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

8. POINT No.1: I have gone through the bail petition and

objection statement. It is noticed that the respondent police registered case against the petitioners and others in Cr.No.92/2024 for the offences punishable U/Secs.406, 420, 504, 506 r/w 34 of IPC. The petitioners contended that, they are innocents of the alleged offences. On plaint reading of the complaint, it reveals that the complainant and his brothers have jointly executed the absolute sale deed dated 01.12.2022 for a valid sale consideration of Rs.6,25,00,000/-. It is submitted that due to illegal interference of the complainant and his brothers the petitioner No.1 has filed the O.S.No.671/2024 before the Civil Court. The court has directed both the parties to maintain status quo. Later on, the complainant has filed complaint against the petitioner before the respondent police. The petitioners are law abiding citizens. They hails from respectable family. They are ready to abide by all the conditions imposed by this Court.

9. The prosecution contended that, the investigation is going

on. The petitioners are involved in the commission of the offence. Crl.Misc.2968/2024 The petitioners and other accused have cheated the complainant. The petitioners are absconding. They are required for interrogation. Thereby, at this stage, if the petitioners are enlarged on bail, he will try to abscond and tamper the prosecution witnesses. Thereby, the petitioner is not entitled for grant of anticipatory bail.

10. In this sort of allegation and counter allegation made by

the parties, on perusal of the FIR and complaint, it is noticed that there is transaction regarding the immovable property between the petitioner and complainant. The complainant made allegation that complainant and his brothers approached the petitioners for financial assistance. They agreed to pay the amount. The petitioners have paid Rs.4,90,00,000/-. But they have obtained the sale deed for Rs.6,25,00,000/-. The petitioners have not paid such amount. Thereby, the petitioners have cheated the complainant. The petitioners have furnished xerox copy of the order sheet of O.S.No.671/2024. It reveals that the petitioner No.1 has filed case against the complainant before the Civil Court. The Civil Court directed both the parties to maintain status-quo. In view of the above contention, one thing is clear that, there is a civil dispute existing between both the parties. In order to get the relief the complainant has filed case against the petitioner before the respondent police. Moreover, the petitioners are ready to abide by the conditions imposed by this Court. Moreover, the alleged offences are not punishable with death or imprisonment for life. The alleged offences are triable by the Magistrate. Thereby, this Court Crl.Misc.2968/2024 come to the conclusion that, the petitioners have made out sufficient grounds to enlarge them on bail.

11. At this juncture, this Court feels that, while considering the

prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. In view of the above discussion, I come to the conclusion that at this stage the petitioners have made out sufficient grounds to enlarge him on bail. Moreover, the prosecution contended that in case petitioners are enlarged on bail, they may abscond, threaten the prosecution witnesses and hamper the evidence. Thereby this court come to conclusion that if some stringent conditions are imposed on the petitioners and granted bail, the apprehension of the prosecution could be safeguarded. At this juncture, on perusal of entire records, this Court feels that the petitioners have made out sufficient grounds to enlarge them on bail. Hence, I answer above point No.1 in the Affirmative.

12. POINT NO.2: In view of my findings point No.1, I

proceed to pass the following: O R D E R Bail petition filed by the petitioners under Sec. 438 of Cr.P.C is hereby allowed. Crl.Misc.2968/2024 Petitioners are ordered to be released on anticipatory bail in the event of their arrest in Cr.No.92/2024 of Kamakshipalya P.S., on executing their personal bonds for Rs.50,000/- each with one surety for the like sum on the following conditions.

1. The petitioners shall appear before the I.O

within 30 days from the date of this order and co- operate for investigation.

2. The petitioners shall not tamper with the

Prosecution witnesses either directly or indirectly in any manner.

3. They shall co-operate for investigation by the

concerned police and regularly appear before the concerned court as and when required.

4. They shall not abscond from the ordinary

residence and they should furnish the address proof to the concerned police.

5. They shall not indulge in any kind of offence.

6. They shall not leave the jurisdiction of the

court without prior permission. Crl.Misc.2968/2024

7. They shall mark the attendance in the

respondent P.S between 10.00 a.m to 6.00 p.m once in a month i.e., on 2nd Sunday till filing of the final report. If any of the above conditions violated the IO is at liberty to move for cancellation of bail. (Dictated to the Stenographer, typed by her directly on Computer, revised, corrected and then pronounced by me in the open court on this the 06th day of April, 2024) (Sabappa) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City. Crl.Misc.2968/2024 ORDERS PRONOUNCED IN THE OPEN COURT, VIDE SEPARATE ORDER Bail petition filed by the petitioners under Sec. 438 of Cr.P.C is hereby allowed. Petitioners are ordered to be released on anticipatory bail in the event of their arrest in Cr.No.92/2024 of Kamakshipalya P.S., on executing their personal bonds for Rs.50,000/- each with one surety for the like sum on the following conditions.

1. The petitioners shall appear before the I.O within 30 days from the date of this order and co-operate for investigation.

2. The petitioners shall not tamper with the Prosecution witnesses either directly or indirectly in any manner.

3. They shall co-operate for investigation by the concerned police and regularly appear before the concerned court as and when required.

4. They shall not abscond from the ordinary residence and they should furnish the address proof to the concerned police.

5. They shall not indulge in any kind of offence.

6. They shall not leave the jurisdiction of the court without prior permission.

7. They shall mark the attendance in the respondent P.S between 10.00 a.m to 6.00 p.m once in a month i.e., on 2nd Sunday till filing of the final report. Crl.Misc.2968/2024

If any of the above conditions violated the IO is at liberty to move for cancellation of bail. LXVIII A.C.C & S.J, Bengaluru City.