1 Crl.Misc.No.8079/2022 KABC010219242022 IN THE COURT OF THE LVI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 57) : Present : Sri.T.Govindaiah, B.Com., LL.B., LVI Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 23rd Day of August, 2022. Crl.Misc.No.8079/2021 PETITIONER Mr.Sanchit Gaurav The Director Sarvaloka Services on Call Pvt Ltd Aged about 42 years S/o Rajiv Raman Sinha R/at No.651/B, Surya, 19th Main Road, Ideal Home Township, Bengaluru South Rajarajeshwari Nagar, Bengaluru (By Sri.Anupam Agarwal, Advocate) V/s RESPONDENT 1. The State of Karnataka By Koramangala Layout police station Bengaluru 2 Crl.Misc.No.8079/2022

2. M/s Spurge IT Services (OPC) Pvt Ltd having its office at No.677, 1st Floor, 16th main, 16th A Cross Road, Behind Bengaluru Development Authority Complex, Koramangala, Bengaluru

Rep by its Director Kathan N.Shah (Rep. by: Public Prosecutor)

ORDER

This is a petition filed by the petitioner under Section 438 of Cr.P.C. for bail in the event of his arrest in P.C.R.No.6441/2022 for the offence punishable under Sec.420 of IPC.

2. It is the case of the petitioner that the respondent

No.2 company is engaged in the business of renting out laptops and accessories and IT services to the prospective lesseces on rental basis. The petitioner had approached the respondent No.2 to obtain the certain laptops on rental basis. Upon mutual discussion between the petitioner and respondent No.2, petitioner had taken few laptops on monthly 3 Crl.Misc.No.8079/2022 rental basis from the respondent No.2. Thereafter the the respondent No.2 filed the complaint against the petitioner alleges that the petitioner's company had failed to make the rental payments as agreed upon by him and the respondent No.2 and the petitioner also had not returned the laptops.

3. The petitioner has sought for anticipatory bail on

the grounds that, he is the permanent resident of the address mentioned in the cause title. He is a law abiding citizen. No prima facie case is made out against the petitioner. The dispute between the petitioner and respondent No.2 is purely civil in nature. He is a law abiding and peace loving citizens. He has been falsely implicated. He is absolutely innocent. He hails from respectable family. He will be at chaotic stage mentally and financially in the event of his arrest. The offences alleged are not punishable with death or life imprisonment. He is no way involved in the alleged offence. He undertakes to appear before the court regularly. He is ready and willing to offer surety. He is ready and willing to abide by the conditions that may be imposed. 4 Crl.Misc.No.8079/2022

4. The prosecution has filed statement of objections, so

far, no case has been registered against the petitioner in the respondent police station. Therefore, the petition is not maintainable. Hence sought for dismissal of the petition.

5. Heard the arguments of both sides.

6. The following points arise for my determination:­

1. Whether the petitioner is entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?

2. What order?

7. My findings on the above said 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:­ The petitioner has produced the copy

of complaint and order sheet. It appears that the petitioner has obtained the few laptops from the respondent No.2 5 Crl.Misc.No.8079/2022 company on monthly rental basis. Due to pandemic the petitioner's company could not able to pay the monthly rent to the respondent No.2. thereafter the respondent No.2 has lodged the complaint against the petitioner alleging that the petitioner had not paid the monthly rents and not returned the laptops.

9. It is the arguments of the learned counsel for the

petitioner that, the petitioner is ready and willing to make all the dues clear if any for the rented laptops to the respondent No.2. In order to harass and defame the image of the petitioner's company the respondent No.2 has initiated criminal proceedings against the petitioner.

10. It is also true that no FIR is registered against the

petitioner. But registration of FIR is not a condition precedent, mere apprehension is enough to grant bail. On perusal of the records the FIR may be registered and the investigation may be done. The petitioner contends that the based on the complaint filed by the respondent No.2 before the XLI Addl. Chief Metropolitan Magistrate, Bengaluru, the 6 Crl.Misc.No.8079/2022 court was pleased to direct the IO of respondent No.1 for investigation. Under such circumstances the petitioner is entitled for anticipatory bail. Hence in my considered view the petitioner deserves for grant of bail by exercising the powers conferred u/sec. 438 of Cr.P.C. Accordingly this Point No.1 is in the affirmative.

11. Point No.2: By considering the above over all

reasons this court proceed to pass the following;

ORDER

Bail petition filed u/sec. 438 of Cr.P.C. by the Petitioner is allowed. Petitioner is ordered to be released on anticipatory bail in the event of his arrest in the crime to be registered against him on the basis of the complaint to be lodged by the respondent No.2 for the offence punishable u/sec. 420 of IPC, on executing his personal bond for Rs.50,000/­ with 1 surety for the likesum on the following conditions. 7 Crl.Misc.No.8079/2022

1. The petitioner shall appear before IO within 10 days from the date of this order.

2. The Petitioner shall not tamper with the

Prosecution witnesses either directly or indirectly in any manner.

3. He shall co­operate for investigation by the concerned police and regularly appear before

concerned court as and when required.

4. He shall not abscond from the ordinary residence and he should furnish the address

proof to the concerned police.

5. He shall not involve in any kind of offence.

6. He shall not leave the jurisdiction of the

court without prior permission. If any of the above conditions violates the IO is at liberty to move for cancellation of bail. (Dictated to the Stenographer directly on computer , corrected and then pronounced by me in the Open Court on this the 23rd Day of August, 2022) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru. 8 Crl.Misc.No.8079/2022 9 Crl.Misc.No.8079/2022 Order pronounced in open Court (Vide separate order)

ORDER

Bail petition filed u/sec. 438 of Cr.P.C. by the Petitioner is allowed. 10 Crl.Misc.No.8079/2022 Petitioner is ordered to be released on anticipatory bail in the event of his arrest in the crime to be registered against him on the basis of the complaint to be lodged by the respondent No.2 for the offence punishable u/sec. 420 of IPC, on executing his personal bond for Rs.50,000/­ with 1 surety for the likesum on the following conditions.

1. The petitioner shall appear before IO within 10 days from the date of this order.

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

3. He shall co­operate for investigation by the concerned police and regularly appear before concerned court as and when required.

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

5. He shall not involve in any kind of offence.

6. He shall not leave the jurisdiction of the court without prior permission. 11 Crl.Misc.No.8079/2022

If any of the above conditions violates the IO is at liberty to move for cancellation of bail. LVI Addl.City Civil & Sessions Judge, Benguru. 12 Crl.Misc.No.8079/2022 13 Crl.Misc.No.8079/2022 09.04.2021 Order pronounced in open Court (Vide separate order) P­ M.V.M. R ­ PP ORDER The petition filed by the petitioners under Section 439 of Cr.P.C., is hereby dismissed. LVI Addl.City Civil & Sessions Judge, Benguru. 14 Crl.Misc.No.8079/2022 15 Crl.Misc.No.8079/2022 16 Crl.Misc.No.8079/2022 09.04.2021 Order pronounced in open Court (Vide separate order) P­ M.V.M. R ­ PP ORDER The petition filed by the petitioners under Section 439 of Cr.P.C., is hereby dismissed. LVI Addl.City Civil & Sessions Judge, Benguru. 17 Crl.Misc.No.8079/2022 18 Crl.Misc.No.8079/2022 01.09.2021 Order pronounced in open Court (Vide separate order) P –O.R. ORDER R­ PP The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of her arrest in Cr.No.268/2018 for the offences punishable under Sec. 406, 417, 468 and 420 R/w Sec.34 of IPC pending on the file of learned IV Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:­ 1) The petitioner shall execute personal­bond for Rs.50,000/­ with one surety for the like sum to the satisfaction of Investigating officer. 2) The petitioner shall appear before the investigating officer as and when called for and shall co­operate with the investigation. 19 Crl.Misc.No.8079/2022 3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence. 4) The petitioner shall furnish her residential address proof LVI Addl.City Civil & Sessions Judge, Benguru. 20 Crl.Misc.No.8079/2022 21 Crl.Misc.No.8079/2022 22 Crl.Misc.No.8079/2022 23 Crl.Misc.No.8079/2022 24 Crl.Misc.No.8079/2022