Crl.Misc.No.6081/2022
1
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
Dated this the 24th Day of June, 2022.
: Present :
Sri. T.Govindaiah,B.Com, LL.B
LVI Addl. City Civil & Sessions Judge,
Bengaluru (CCHн57).
Crl.Misc.No.6081/2022
PETITIONER
1. Anantha Rao Jadhav
S/o Late Lakshman Rao Jadhav
Aged about 54 years
R/at No.824/7, 6th Cross,
Prakash Nagar,
Rajajinagar, 3rd Stage,
Bengaluru н560 021
(By Sri. Hanumantha Raju C, Adv)
V/s
RESPONDENT
State of Karnataka
By: Vijayanagar Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
This petition is filed by the petitioner under Section
438 of Cr.P.C. for bail in the event of his arrest in PCR
No.5037/2022 by the respondent police for the offences
Crl.Misc.No.6081/2022
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punishable under Sec.419, 420, 465, 468, 471, 504,
506B of IPC pending on the file of XXIV Addl. Chief
Metropolitan Magistrate, Bengaluru.
2. The petitioner has sought for anticipatory bail on
the grounds that, the petitioner has filed the complaint
against the complainant in C.C.No2390/209 for the
offence punishable under Sec.138 of N.I.Act before
SCCHн2, Bengaluru. The matter is pending before the
concerned for consideration accordance with law, the
police has rightly given the endorsement the matter is in
civil in nature. He is the only bread earning member of
the family and has to look after his aged mother. The
complainant
has
filed
the
complaint
against
the
petitioner only with an intention to harass the petitioner.
He is ready to coнoperate with the IO. He is the law
abiding citizen have deep roots in the society. He is ready
to furnish surety. He is ready to obey any conditions that
may be imposed.

Crl.Misc.No.6081/2022
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3. The prosecution has filed statement of objections
that no case has been registered by the respondent police
against the petitioner for the alleged offence. Therefore
the application is not maintainable. Hence sought for
dismissal of the petition.
4.

Heard the arguments of both sides.

5.

The
following
points
arise
for
my
determination:н
1. Whether the petitioner is entitled for
anticipatory bail as provided under
Section 438 of Cr.P.C.?
2. What order?
6.

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 :н
REASONS
7.

Point
No.1:н
The
complainant
Vikas
Thimmappa has filed private complaint before XXIV Addl.

Crl.Misc.No.6081/2022
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Chief Metropolitan Magistrate, Bengaluru against the
petitioner alleging that, the complainant and petitioner
are well known to each other. About 5 years back with
respect to construct a house, the complainant has talked
with the accused. At that time, the accused has assured
the complainant to get bank loan to construct a house. At
that time the complainant has given election ID card and
a
blank
cheque
Corporation
of
Limited.

Honkong
After
and
receiving
Shangai
the
same
bank
the
petitioner has not got the loan from the bank. When the
petitioner failed to get the loan at that time the
complainant asked the petitioner to return his election ID
card and blank cheque. But the petitioner has told that
he has kept the same in the house and the same were
lost and dodged the time for one or the other reason.
8.

Further the complainant submitted that the
accused has filled the name, date and amount as
Rs.8,00,000/н
and
forged
the
signature
of
the
Crl.Misc.No.6081/2022
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complainant and presented the cheque for encashment
and the same was returned as ‘Signature Differs’.
Thereafter the petitioner has filed false complaint against
the complainant under Sec.138 of N.I.Act only with an
intention to gain wrongful profit.
9. Further the complainant claims that petitioner
has misused the said cheque for his personal benefit
without the knowledge of the complainant. Thereafter the
complainant approached the respondent police to register
the case, but they have refused to register the case.
Hence the complainant sent copy of complaint through
RPAD
and
the
same
was
served
on
21.09.2019.

Thereafter the complainant has sent compliant to the
Commissioner
of
Police
through
RPAD.

But
after
receiving the complaint the police have not registered the
FIR against the petitioner and not taken suitable action
against him.

Crl.Misc.No.6081/2022
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10. The petitioner after coming to know about the
complaint lodged by the complainant, he forced the
complainant to withdraw the same, then abused and
threatened the complainant with dire consequences of his
life. The police are not coming to the rescue of the
complainant and therefore he has filed private complaint.
11. According to the petitioner the complainant has
admitted that the petitioner as filed the complaint under
Sec.138
of
N.I.Act
against
the
complainant
in
C.C.No.2390/2019 before SCCHн2. The matter was
pending
before
the
concerned
for
consideration
accordance with law. He is innocent of the alleged
transaction. He is the only bread earning member of the
family.
12.

Further
the
transaction
between
the
complainant and petitioner is purely civil in nature.
Therefore at this stage it cannot be said the the petitioner
has cheated the complainant. The facts placed by both
Crl.Misc.No.6081/2022
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the petitioner and complainant goes to show that the
dispute is evident from the documents. Under such
circumstances there is no necessity for any custodial
investigation of the petitioner. Since the transactions are
born out of the documents there cannot be any chance of
hampering the investigation by the petitioner. The
petitioner claims to be the permanent resident of
Bengaluru and has undertaken to coнoperate with the
investigation and to abide by the conditions that may be
imposed.
with by
Apprehension of the prosecution can be met
imposing conditions. Hence in the facts and
circumstances of the case the court is of the view that the
petitioner is entitled for the relief claimed. Accordingly,
point No.1 answered in the Affirmative.
13. Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:н
ORDER
The petition filed by the petitioner under
Section 438 of Cr.P.C., is hereby allowed.

Crl.Misc.No.6081/2022
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The petitioner is ordered to be released on
bail in the event of his arrest in
PCR
No.5037/2022 for the offences punishable
under Sec.419, 420, 465, 468, 471, 504, 506B
of IPC pending on the file of XXIV Addl. Chief
Metropolitan Magistrate, Bengaluru subject to
the following conditions:н
1)
The
personalнbond
petitioner
for
shall
Rs.1,00,000/н
execute
with
two
Sureties for the like sum to the satisfaction of
Investigating officer.
2) The petitioner shall appear before the
curt regularly.
3) The petitioner shall appear before the
IO as and when called for and to coнoperate
with the investigation.
4) 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.
5) The petitioner shall not get involved in
any criminal activities.
6)
The
petitioner
residential address proof.

shall
furnish
his
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Crl.Misc.No.6081/2022
7) The petitioner shall not leave the
jurisdiction
of
the
court
without
prior
permission of the court.
If any of the above conditions violates the
O 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 24th Day of June, 2022)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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Crl.Misc.No.6081/2022
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Crl.Misc.No.6081/2022
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Crl.Misc.No.6081/2022
Order pronounced in open Court
(Vide separate order)
ORDER
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
his arrest in Cr.No.169/2021
(PCR No.5588/2021) by the
respondent police for the offences
punishable under Sec.384, 406,
409, 417, 419, 420, 47, 465,
468, 471, 506 and 120B R/w
Sec.34 of IPC pending on the file
of IV Addl. Chief Metropolitan
Magistrate, Bengaluru subject to
the following conditions:н
1)
The petitioner shall execute
personalнbond for Rs.50,000/н
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Crl.Misc.No.6081/2022
3) The petitioner shall appear
before the IO as and when called
for and to coнoperate with the
investigation.
4) 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.
5) The petitioner shall not get
involved
in
any
criminal
activities.
6) The petitioner shall furnish his
residential address proof.
7) The petitioner shall not leave
the jurisdiction of the court
without prior permission of the
court.
If any of the above conditions
violates the IO is at liberty to
move for cancellation of bail.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.