The XXVII Additional City Civil and Sessions Judge (CCH 9) holding concurrent charge of the LXIX Additional City Civil & Sessions Judge, Bengaluru City (CCH 70), Sri Hareesha A., B.A., LL.B., allowed the anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) in Criminal Miscellaneous No. 2924/2024 on April 3, 2024. The judicial order extended pre-arrest bail protection to 52-year-old Sri Syed Sha Salahuddin @ Salauddin in connection with Crime No. 191/2019 (pending as C.C. No. 11299/2021) registered by the Pulakeshinagar Police Station, Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Sections 406 (criminal breach of trust), 420 (cheating), 120B (criminal conspiracy), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) read with Section 34 of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a complaint lodged on September 24, 2019, by Dr. Ashfakh Ahmed, a resident of Frazer Town, Bengaluru:

• Land Acquisition and Mediation: The complainant alleged that in the year 2015, the petitioner, acting as a mediator/facilitator, introduced him to one Nataraj (Accused No. 1) for the acquisition of 20 acres of land intended for constructing a hospital.
• Demand for Conversion Charges: Subsequently, Accused Nataraj allegedly demanded ₹75 Lakhs to facilitate the conversion of the agricultural land for non-agricultural (N.A.) purposes. An additional demand of ₹75 Lakhs was later made by Nataraj and his wife, Shilpashree.
• Payment and Non-Performance: Between 2015 and 2017, the complainant allegedly paid a total of ₹1.5 Crores to Nataraj under the pretext of bribing a government minister to secure the conversion order. However, the accused failed to deliver the promised conversion or fulfill their obligations, prompting the police complaint. Following the investigation, a charge sheet was filed arraying the petitioner as Accused No. 2.

Details of the Petitioner

• Name: Sri Syed Sha Salahuddin @ Salauddin (Petitioner / Accused No. 2)
• Father’s Name: Syed Sha Mohammed Jakki
• Age: About 52 years
• Residential Address: No. 91/08, Jodidar House, Opposite to Kaveri Grameena Bank, Old SBM Road, Nelamangala, Bengaluru Rural District.
• Legal Representation: Sri H.S. Ramu and Associates

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. No Financial Benefaction: The defense highlighted that the charge sheet contained no allegations or evidence indicating that the petitioner received any portion of the ₹1.5 Crore sum, which was allegedly paid entirely to Accused No. 1.
2. Lack of Awareness and Parity: Counsel pointed out that co-accused individuals had previously secured pre-arrest bail under Section 438 Cr.P.C. back in October 2019, and the petitioner was initially unaware of the pending proceedings or the filing of the charge sheet.

On Behalf of the Respondent (State)

1. Prima Facie Involvement: The Public Prosecutor opposed the pre-arrest bail petition, arguing that the charge sheet materials established a prima facie case of conspiracy and cheating in land conversion dealings.

Judicial Findings and Legal Reasoning

Judge Hareesha A. evaluated the charge sheet records, the absence of specific financial allegations against the petitioner, and the procedural history:

1. Absence of Overt Acts for Fund Misappropriation: The court observed that while the petitioner acted as a mediator, the charge sheet lacked any substantiating material showing that he received or benefited from the funds collected by Accused No. 1.
2. Magistrate-Triable Offences: The court noted that although the offences invoked are non-bailable, they are triable by a Court of a Magistrate of the First Class.
3. Securing Trial Attendance: Acknowledging that the petitioner had no prior knowledge of the pending warrant status and was willing to subject himself to court jurisdiction, the court held that his presence could be secured by imposing appropriate conditions.

Final Pre-Arrest Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 438 Cr.P.C.

The court ordered that in the event of his arrest in connection with Crime No. 191/2019 (C.C. No. 11299/2021) of Pulakeshinagar Police Station, Sri Syed Sha Salahuddin @ Salauddin shall be released on bail upon executing a personal bond for ₹1,00,000/- with a surety for the like sum to the satisfaction of the Investigating Officer, subject to the following conditions:

1. Appearance for Investigation & Trial: The petitioner shall appear before the police and the trial court as and when summoned for the purpose of investigation or trial.
2. No Witness Tampering: He shall not threaten or tamper with prosecution witnesses directly or indirectly.
3. Non-Recidivism: He shall not commit similar offences.
4. Court Surrender Timeline: The petitioner shall appear before the trial court within 15 days from the date of the order.