KABC010159682022
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 21st day of June, 2022
: Crl.Misc.No. 5945/2022:
PETITIONER:-
Abdul Razaq @ Razaq
S/o S. Mohammed
Aged about 36 years
R/at No. 534/5, 4th Cross,
Liyyakkam Compound
Rashad Nagar, Bangalore North,
Bangalore.
Karnataka.
(By Sri. Honnappa, Adv)
V/s
RESPONDENT :
The State of Karnataka
By: Vyalikaval Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
Accused No.6 in Vyalikaval Police Station Crime No. 53/22
has filed anticipatory bail application under Sec. 438 of Cr.P.C.
Petitioner/accused No.6 is alleged to have committed offences
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punishable under Sec. 506, 120B, 420, 503, 340 and 415 r/w 34 of
IPC.
2. Brief facts of the case as forthcoming from the first
information is that:
N.M.Nagaraja Shetty filed a private complaint before the VIII
ACMM, Bengaluru, against Armugam and others. Petitioner herein
is shown as accused No.6 in the said private complaint. Allegations
in the complaint is to the effect that accused Armugam owns
property in 7th Cross, Malleshwaram, Bengaluru, in which accused
No.2 to 6 are tenants, accused No.1 took loan from complainant,
also recommended for loan to be given to accused No.2 to 6,
accused No.1 stood surety to accused No.2 to 6, to the tune of Rs 2
crores. Complainant has given loans to accused No.1 to 6, but they
have not repaid the same, they have threatened him with dire
consequences, held out threat to him and accused persons have
conspiracy and cheated the complainant.

Learned Magistrate
referred the matter for investigation to the jurisdictional Police who
registered Crime No. 53/2022.
3. Petitioner/accused No.6 has urged the following grounds :
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accused is innocent, all allegations made against him are
cooked up, accused No.4 has been granted anticipatory bail in Crl.
Misc. 5481/2022, accused No.2 has been granted bail in Crl. Misc.
5316/2022, on the ground of parity accused No.6 is also entitled to
bail. Only Rs 2 lakhs has been received by accused No.6 from
complainant, but case has been filed for Rs 2 crores. Accused No.6
hails from respectable family, has deep roots in the society, he is the
sole bread earner, there is no material against accused No.6, there
is apprehension in the mind of accused No.6 of he being arrested as
offences alleged against him are non-bailable in nature, offences
alleged are not punishable with death or life imprisonment.

Hence
prayed for grant of anticipatory bail.
4. Public Prosecutor has filed objections along with memo of
instructions given by I.O., in objection averments made in the
private complaint are reiterated. It is stated that panchanama has
been conducted, accused No. 6/petitioner is absconding from the
date of offence, investigation is incomplete, accused should not be
granted anticipatory bail, statement of several witnesses have to be
recorded, if accused No.6 is granted bail he will destruct the
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evidence, threaten the witness, abscond from the jurisdiction of the
Court and repeat similar kind of offence.
5. Heard the learned Advocate for petitioner and the learned
PP.
6. The point that arise for consideration is :
(1) Whether anticipatory bail application filed by
accused No.6 in Vyalikaval Police Station Crime
No. 53/2022 deserves to be allowed ?
7. My finding to above point is in the Affirmative, for the
following :REASONS
8.

Point No.1:
Perusal of
records reveal that private
complaint was presented before the learned Magistrate by
N.M.Nagaraja Shetty.

Learned Magistrate referred the case for
investigation to Vyalikaval Police Station. Allegations made by the
defacto complainant is that accused No.1 borrowed money from him
promising to pay interest, accused No.2 to 6 are tenants under
accused No.1, they are running their independent businesses,
accused No.1 asked complainant to lend money to accused No.2 to
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6 as well, accused No.1 stood as surety for the loan advanced by
complainant to accused No.2 to 6, when the loan was demanded
accused No.1 to 6 did not repay the same. Insofar as accused No.6
is concerned, in para-10 of the private complaint it is alleged that
complainant has gave a loan of Rs 2 lakhs to accused No.6 and
accused No.6 has executed necessary documents in his favour.
Thus, it is crystal clear that it is a financial transaction, complainant
can recover by taking recourse to due process of law. Except the
allegation that Rs 2 lakhs was received by accused No.6, there is no
other allegation against accused No.6 in the private complaint,
except the omni-bus allegation that life threat was held out to
complainant. Accused No.2 and 4 have been granted bail, on the
ground of parity accused No.6 cal also be granted anticipatory bail.
Considering all these aspects, I answer the above point in the
Affirmative and proceed to pass the following :
ORDER
Anticipatory Bail application filed by
accused
No.6 in Vyalikaval Police Crime No. 53/2022 is hereby
allowed. Accused No.6 shall be released on bail in the
event of his arrest subject to the following :
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CONDITIONS
1. Accused No.6 shall execute personal bond for
Rs 1,00,000/- with a surety for likesum.
2. Accused No.6 shall appear before the I.O. on
or
before
27.06.2022
and
co-operate
with
the
investigation in all respects.
3. Accused No.6 shall mark his attendance in
jurisdictional police station on every 2nd and 4th Saturday
till completion of investigation.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 21 st day of June, 2022)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru
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ORDER
Anticipatory Bail application filed by
accused
No.6 in Vyalikaval Police Crime No. 53/2022 is hereby
allowed. Accused No.6 shall be released on bail in the
event of his arrest subject to the following :
CONDITIONS
1. Accused No.6 shall execute personal bond for
Rs 1,00,000/- with a surety for likesum.
2. Accused No.6 shall appear before the I.O. on
or
before
27.06.2022
and
co-operate
with
the
investigation in all respects.
3. Accused No.6 shall mark his attendance in
jurisdictional police station on every 2nd and 4th Saturday
till completion of investigation.

(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru
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