The Court of the LXV Additional City Civil & Sessions Judge, Bengaluru City (CCH-66), presided over by Sri Hemanth Kumar C.R., B.A.L., LL.B. (C/c LXVI Addl. City Civil & Sessions Judge), delivered a judicial order on March 30, 2024, allowing an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2825 of 2024 extended pre-arrest bail protection to Sri Syed Musaddiq in connection with Crime No. 88/2024 registered by the Sampigehalli Police Station, Bengaluru. The petitioner faced apprehension of arrest for alleged offences punishable under Section 420 (cheating and dishonesty), Section 504 (intentional insult with intent to provoke breach of the peace), and Section 506 (criminal intimidation) of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a formal police complaint lodged by one Palanivelu regarding a financial dispute and alleged document misuse:

• Allegations of Loan Fraud: According to the complaint, the complainant, an electrician residing at R.K. Hegde Nagar for 40 years, was approached by the petitioner in 2016. The petitioner allegedly assured the complainant that he could secure a bank loan of ₹10,00,000/- through his acquaintance with bank managers and agents.
• Handing Over of Documents: Trusting the assurance, the complainant handed over the original title documents of his house (Property No. 706), two signed cheques (Nos. 815381 and 815383), along with his ration card, Aadhaar card, election ID card, and electricity bills.
• Misuse and Bajaj Finance Purchase: The complainant alleged that without his knowledge, the petitioner utilized his documents to purchase a washing machine valued at ₹22,000/- through Bajaj Finance, failed to pay the monthly EMIs, and shifted the financial liability onto the complainant, leading to harassment by bank recovery agents. When the complainant confronted the petitioner on January 19, 2024, at about 8:30 PM near his house, the petitioner allegedly abused him in filthy language, refused to return the documents, and issued criminal life threats.
• Delayed FIR: Following the altercation, the complainant lodged a police complaint on February 10, 2024, resulting in the registration of Crime No. 88/2024 under Sections 420, 504, and 506 IPC.

Details of the Petitioner

• Name: Sri Syed Musaddiq
• Father’s Name: Sri Syed Maqubool
• Age: About 51 years
• Residential Address: No. 711, 1st Cross, R.K. Hegde Nagar, Bengaluru – 560 077.
• Legal Representation: Sri Harish, Advocate
• Prosecution Representation: Learned Public Prosecutor, State by Sampigehalli Police Station

Submissions Advanced by the Parties

On Behalf of the Petitioner

1. Innocence and False Implication: The defense maintained that the petitioner was entirely innocent, had been falsely implicated, and had no involvement whatsoever in the alleged incidents.
2. Delay in Lodging Complaint: Counsel pointed out a glaring delay of over 23 days in lodging the FIR, noting that the alleged verbal altercation occurred on January 19, 2024, while the complaint was filed only on February 10, 2024, purely to extract money illegally.
3. Willingness to Cooperate: The petitioner undertook to cooperate fully with the investigation and abide by any conditions imposed by the court.

On Behalf of the Respondent (State)

1. Opposition to Pre-Arrest Bail: The learned Public Prosecutor filed formal objections opposing the petition, contending that the offences were grievous in nature and that the complaint averments disclosed a prima facie case of active involvement.
2. Risk of Interference: The state urged that because the investigation was still in progress, enlarging the petitioner on anticipatory bail would create a risk of witness tampering, evidence destruction, and flight from justice.

Judicial Findings and Legal Reasoning

Upon evaluating the case records, FIR details, and rival submissions, Judge Hemanth Kumar C.R. recorded definitive findings on Point No. 1:

1. Nature of Penal Provisions: The court observed that the offences alleged under Sections 420, 504, and 506 IPC are not punishable with death or imprisonment for life.
2. Investigative Stage: The judge noted that the case was still at the preliminary stage of investigation, and at this juncture, establishing absolute guilt requires full-fledged trial adjudication.
3. Sufficiency of Conditions: Holding that the apprehensions raised by the prosecution regarding potential abscondence or witness tampering can be effectively mitigated and safeguarded by imposing stringent and comprehensive conditions, the court concluded that custodial interrogation was not warranted.

Final Anticipatory 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 the Sampigehalli Police shall release Sri Syed Musaddiq on bail in the event of his arrest in connection with Crime No. 88/2024, upon his executing a personal bond for ₹50,000/- with one surety for the like sum, subject to the following strict conditions:

1. Court Attendance: The petitioner shall appear before the court on all dates of hearing.
2. Investigative Cooperation: The petitioner shall appear before the Investigating Officer whenever called upon for the purpose of investigation.
3. No Witness Tampering: The petitioner shall not tamper with evidence and shall not threaten, induce, or allure prosecution witnesses in whatsoever manner.
4. Non-Recidivism: The petitioner shall not involve himself in any criminal activity.
5. Address Proof: The petitioner shall produce permanent address proof documents.