KABC010223492023
Presented on : 19-08-2023
Registered on : 19-08-2023
Decided on : 30-08-2023
Duration : 0 years, 0 months, 11 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 30th day of August, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 8100/2023
Petitioners :
1. Ananda.L.
S/o Lagumappa,
Aged about 55 years,
R/at No.1136, 2nd Main,
BEL Layout, 2nd Block,
Bangalore North,
Vidyaranyapura,
Bengaluru 560 097.
2. Suresh Kumar H.L.
S/o Lagumaiah,
Aged about 44 years,
Kengenahalli,
Gangasandra,
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Crl.Misc.No.8100/2023
Gauribidanur,
Karnataka 561 208.
3. Harsha Anand,
S/o Anand.L.
Aged about 27 years,
R/at No.1136, 2nd Main,
BEL Layout, 2nd Block,
Near Kethams Hospital,
Bangalore North,
Vidyaranyapura,
Bangalore 560 097.
(By Sri.Syed Ummer, Adv.)
/Vs/
Respondent :
State by:
Basaveshwaranagara Police Station,
Bengaluru.
(By Public Prosecutor.)

ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioners/accused filed bail petition under Section
438 Cr.P.C seeking anticipatory bail in the event of his
arrest in Cr.No.162/2022 for the offences punishable
under Section 420 rea with 34 of IPC registered by the
respondent pending on the file of V ACMM, Bengaluru.
2. The petitioners case in brief are as follows:
The petitioners are innocent of the offences alleged.
They have been falsely implicated.

They have not
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Crl.Misc.No.8100/2023
committed the offences. No prima facie case is made out
against the petitioners. They are the permanent residents
of Bangalore. They are ready and willing to abide by the
conditions. The dispute is civil in nature, there is delay in
lodging the complaint. The IO has not issued notice under
Section 41нA of CrPC and prayed to allowed the petition.

3. The learned Public Prosecutor filed objections
along with report of IO contending that the petition is not
maintainable. That the petitioners have entered into sale
agreement for Rs.3,60,00,000/н on 16.1.2020 and received
Rs.55,00,000/н as advance and agreed to execute the
registered sale deed within 6 months.

The petitioners
without disclosing the earlier registered sale agreement
with 3rd parties and loan borrowed by Suresh from
Devanahalli Corporation Bank and executed Gift Deed and
cheated the complainant.
were dishonoured.

The cheques issued by them
The complainant is paying EMI of
Rs.1,50,000/н per month. The investigation is pending. If
the petitioners are granted bail, they may tamper with
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evidence,
threaten
the
complainant
Crl.Misc.No.8100/2023
and
prayed
for
dismissal of the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1:
Whether the petitioners
entitled for anticipatory bail ?

are
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1: Smt.Roopa.K has filed a complaint on
8.10.2022, before the respondent police alleging that, the
petitioners represented her that they have intention to sell
agriculture lands measuring 12 acres 32 guntas in
Sy.No.28 of Venkatapura village, Chikkaballapura district.
It is represented by the petitioners that there exists poultry
farm and given on rent to IB groups and they are paying
Crl.Misc.No.8100/2023
5
huge
rent
to
him,
there
is
no
encumbrance.

The
complainant had agreed to purchase the said land for
Rs.3,60,000/н the petitioners have executed the sale
agreement on 16.1.2020 and received advance amount of
Rs.55,00,000/н The 1st petitioner has agreed to handover
the property documents and later on the complainant
found that the sale agreement has already executed with
3rd
parties.

The
Suresh
has
borrowed
loan
from
Corporation Bank, Devanahalli and has become defaulter.
The Gift Deed was executed in favour of Anand, towards
refund of amount, 3 cheques were issued, 2 were
dishonoured. The petitioners on false promise of delivering
the property cheated her by utilising her amount. On the
basis of said complaint the respondent police registered
case under Section 420 read with 34 IPC.
8. The contents of complaint allegations that the
alleged agreement was entered into in the year 2020. Mere
breach of contract cannot be always amounts to cheating
unless with fraudulent intention, the petitioners induced
the complainant collected amount, and executed sale
Crl.Misc.No.8100/2023
6
agreement suppressing the earlier transactions. Whether
the petitioners with fraudulent intention to cheat the
complainant have executed the sale agreement is a matter
of investigation and trial. It appears the dispute is civil in
nature. The offences alleged are not punishable with death
or life imprisonment triable by Magistrate. The petitioners
are permanent residents of address shown in cause title,
the chances of absconding form trial is remote. The
custodial interrogation of petitioners is not required.

It
appears there is no notice issued under Section 41нA CrPC
Considering the guidelines of HonТble Apex Court in
Satender Kumar Antil Vs CBI 2022 SCC OnLine SC 825
and facts and circumstances of the case, nature and
gravity of the offence and accusation levelled against the
petitioners,
they
are
entitled
for
anticipatory
bail.

Accordingly answer point No.1 in the affirmative.

9. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order.

Crl.Misc.No.8100/2023
7
ORDER
The
petition
filed
by
the
petitioners/
accused Ц 1/Anand.L, 2/Suresh Kumar HL
and 3/Harsha Anand
under Section 438
Cr.P.C. is allowed.
The petitioners are ordered to be released
on anticipatory bail in the event of their
arrest
in
Cr.No.162/2022
registered
by
respondent under Section 420 read with 34
of IPC on execution of personal bond for
Rs.50,000/н with one surety for the like sum
to the satisfaction of the Investigation Officer
subject to following conditions.
1. The petitioner/accused shall appear before
the IO on or before 11.9.2023 and thereafter
as and when called upon for the purpose of
investigation.
2. The petitioners/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The petitioners/accused shall regularly
appear before the concerned Court as and
when called for.
4. Petitioners/accused shall not commit similar
offences.

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Crl.Misc.No.8100/2023
If any of the conditions are violated the
prosecution is at liberty to move for cancellation
of bail.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 30th day of August, 2023).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.8100/2023
The Order is pronounced in the
open Court (vide separate Order).
ORDER
The petition filed by the
petitioners/ accused Ц 1/Anand.L,
2/Suresh Kumar HL and 3/Harsha
Anand under Section 438 Cr.P.C. is
allowed.
The petitioners are ordered to be
released on anticipatory bail in the
event
of
their
arrest
in
Cr.No.162/2022
registered
by
respondent under Section 420 read
with 34 of IPC on execution of
personal bond for Rs.50,000/н with
one surety for the like sum to the
satisfaction of the Investigation Officer
subject to following conditions.
1.
The
petitioner/accused
shall
appear before the IO on or before
11.9.2023 and thereafter
as and
when called upon for the purpose of
investigation.
2. The petitioners/accused shall not
threat the complainant or prosecution
witnesses in any manner directly or
indirectly.
3. The petitioners/accused shall
regularly appear before the concerned
Court as and when called for.
4. Petitioners/accused
commit similar offences.

shall
not
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Crl.Misc.No.8100/2023
If any of the conditions are
violated the prosecution is at liberty to
move for cancellation of bail.
LXVI Addl.CC & SJ,
Bangalore.

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Crl.Misc.No.8100/2023