KABC010078752024 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 3rd day of April 2024 Crl.Misc.No.2 813 /2024 Petitioner: Vinod Kumar Koduru, S/o K. Ravi Chandra Reddy, Aged about 23 years, R/at No.1-57/b, T.K. Puram, Mudiyur village Pitchtur, Chittor District, Andra Prdesh571 587. (By Sri. H.K, Adv.) -Vs- Respondent: State by Basaveshwara Nagar 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 Cr.No.434/2023 of the respondentBasaveshwara Nagar Police Station, Bengaluru registered for the offences punishable u/s.420 of IPC, pending on the file of learned 5th A.C.M.M, Bengaluru. 2 Crl.Misc.No.2813/2024

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

The informant has lodged the report to the Police stating that on 05.04.2020 at about 11.30 a.m. he met the accused at Pavitra Paradise and told that he would sell a site measuring 60 x 80 feet and it values Rs.15 lakh. He agreed to sell the property at Rs.8 lakh and received Rs.5 through online and by cash. Thereafter the accused cheated the informant by not registering the site in the name of informant or by returning the advance amount.

3. In the bail petition, the petitioner has contended

that he is innocent of the alleged offence and he has got valid and tenable defence. He has been falsely implicated in the case. The allegations are bald and vexatious and to cause irreparable injury to the petitioner. The petitioner is working as Film director for Web Series. He hails from respectable family and he is permanent. The alleged offence is not punishable with imprisonment for life or death. 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 the investigation is yet to be completed. There are prima-facie materials as to the 3 Crl.Misc.No.2813/2024 commission of alleged offences. He has availed loan from the banks by giving fake documents in the name famous companies. 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:

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 received sale consideration amount of Rs.5 lakh, but did not get register sale deed in respect of site. The same has been denied by the learned counsel for the petitioner. 4 Crl.Misc.No.2813/2024

9. It is submitted by the learned counsel for this

petitioner the informant has not produced any agreement of sale. There is inordinate delay of 3 years in filing the complaint. Hence, prays to allow the bail petition on parity ground.

10. The learned Public Prosecutor has submitted that

this petitioner has committed the alleged offence of cheating. There is no special ground made out by the petitioner for his release on anticipatory bail. 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. It reveals from the records that the co- accused are already enlarged on bail by the trial Court. 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. 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 5 Crl.Misc.No.2813/2024 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 Cr.No.434/2023 of the respondentBasaveshwaranagar Police Station, Bengaluru on 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 Investigating Officer within 15 days from the date of this order and to assist him in investigation as and when required;

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

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

5. 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 3rd day of April 2024) (Kashim Churikhan) LXVII Addl. City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date:+05302024.04.16 12:56:31