KABC010234792023
Presented on : 30-08-2023
Registered on : 30-08-2023
Decided on : 02-09-2023
Duration : 0 years, 0 months, 3 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 2nd day of September, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 8332/2023
and
Crl.Misc.No.8516/2023
Petitioner
in
Crl.Misc.8332/2023:
Mansur.P.
S/o P.Honnursab,
Aged about 35 years,
R/at No.122,
Basaveshwara Nagar,
Near Byraveshwara Chowltry,
Doddabidarakallu,
Nagasandra,
Bengaluru 560 073.
(By Sri.T.K.Ravikumar, Adv.)

2
Crl.Misc.8516/2023:
Crl.Misc.No.8332/2023
& 8516/2023
Anil Kumar,
Aged about 32 years,
R/at Land No.5,
Contractor Govindappa Building,
Near Kayisoppina Beedhi,
Ramanagara Ц 562150.
/Vs/
Respondent :
State by:
Siddapura Police Station,
Bengaluru.
(By Public Prosecutor.)

COMMON ORDERS ON BAIL APPLICATION FILED
UNDER SEC.438 OF Cr.P.C.
These two petitions are arising out of same crime
number and taken for consideration for common order in
order to avoid repetition.
2. The Petitioners/accused filed bail petition in both
petitions under Section 438 Cr.P.C seeking anticipatory
bail in the event of their arrest in Cr.No.212/2023 for the
offences punishable under Sections 406, 420 of IPC
registered by the respondent pending on the file of IV
ACMM, Bengaluru.

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Crl.Misc.No.8332/2023
& 8516/2023
3. The petitioners case in brief in both petitions are
as follows:
The petitioners are innocent of the offence alleged.
The petitioner in Crl.Mis.8516/2023 has contended that he
is the actual investor for all the vehicles that has been
misappropriated by the complainant. He is the victim. The
petitioners are apprehending arrest from the respondent.
The petitioners are ready and willing to abide by the
conditions and prayed to allow the petitions.
4. The learned Public Prosecutor filed separate
objections along with report of IO in both petitions
contending that the petitions are not maintainable. The
petitioners without the consent of the complainant since
six months have taken the custody of 8 vehicles illegally
and used for their personal purpose. The 6 vehicles were
taken into custody by the complainant. Their body has
been changed.

The remaining two vehicles not yet
delivered and cheated the complainant. The investigation is
pending.

If the petitioners are granted bail, they may
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Crl.Misc.No.8332/2023
& 8516/2023
abscond from the trial and destroy the evidence and prayed
to dismiss the petitions.
5. Heard the arguments of both sides and perused
the record.
6. 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 in both
petitions
are
entitled
for
anticipatory bail ?
Point No.2: What Order?
7. 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
8. Point No.1: In the complaint it is alleged that the
complainant is having transport business in the name and
style of SRS Transport company and conducting business
with M/s LT Transports. The complainant has intended to
purchase 11 vehicles for their business. One Mansur the
petitioner in Crl.Mis.8232/2023/Accused No.1 is the
Crl.Misc.No.8332/2023
& 8516/2023
5
employee of AML Motors Pvt.Ltd., accused No.2/Anil
Kumar is the friend of accused No.1.

They assured to
purchase the vehicles, the 6 vehicles were in the name of
complainant No.1. The 4 vehicles were in the name of his
brother Revana Siddaiah were booked and obtained bank
loan and finance paid to AML Motors Pvt.Ltd. 8 transport
vehicles were handed over to the informants in the month
of January 2023 at Bidadi after fully body building. Two
vehicles were illegally utilised by the petitioners for their
personal use. Anilkumar/accused No.2 for his personal
use since 6 months has changed entire body building of 6
vehicles
and
cheated
the
complainants
and
misappropriated the vehicles. On the basis of said
complaint respondent registered case against the petitioner
under Sections 406, 420 read with 34 IPC.
9. The counsel for accused No.1 has submitted that
he is the employee in AMN Motors Private Ltd., he is
nothing to do with the dispute between the complainant
and accused No.2. the complainant and accused No.2 are
the partners, there is a dispute between them and accused
Crl.Misc.No.8332/2023
& 8516/2023
6
No.1 has been falsely implicated. Whereas accused No.2
counsel has submitted that he has invested huge amount
for purchase of vehicles and submitted memo with
documents for having transferred the amount in purchase
of vehicles.
10. On perusal of document submitted by accused
No.2 it appears the amount has been transferred towards
alleged purchase of vehicle.

It appears the complainant
and accused No.2 having dispute. Whether the petitioners
have cheated the complainant and used the vehicles for
their personal use and misappropriated is the matter of
investigation and trial. The petitioners have undertaken to
appear before the court and assist the investigation. The
offences alleged are not punishable with death or life
imprisonment triable by Magistrate.

The petitioners are
permanent residents of address shown in the cause title.
The chances of absconding from the trial is remote. The
custodial interrogation of the petitioners may not be
required.

Considering
the guidelines of HonТble Apex
Court in Satender Kumar Antil Vs CBI 2022 SCC
Crl.Misc.No.8332/2023
& 8516/2023
7
OnLine SC 825 and facts and circumstances of the case,
nature and gravity of the offence and accusation levelled
against the petitioner, he is entitled for anticipatory bail.
Accordingly answer point in the affirmative.
11. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
filed
by
the
petitioner/
accused Ц Mansur.P.н Crl.Mis.8322/2023 and
Anil
Kumar
Ц
Crl.Mis.8516/2023
under
Section 438 Cr.P.C. are allowed.
The
petitioner
in
both
petitions
are
ordered to be released on anticipatory bail in
the event of their arrest in Cr.No.212/2023
registered by respondent under Sections
406, 420 of IPC on execution of personal
bond for Rs.50,000/н each with one surety
for the like sum to the satisfaction of the
Investigation
Officer subject to following
conditions.
1. The petitioners/accused shall appear before
the IO on or before 12.09.2023 and
thereafter as and when called upon for the
purpose of investigation.

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Crl.Misc.No.8332/2023
& 8516/2023
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.
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 2nd day of September, 2023).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.8332/2023
& 8516/2023
2.9.2023
For orders-
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/ accused Ц Mansur.P.н
Crl.Mis.8322/2023 and Anil
Kumar Ц Crl.Mis.8516/2023
under Section 438 Cr.P.C. are
allowed.
The petitioner in both
petitions are ordered to be
released on anticipatory bail in
the event of their arrest in
Cr.No.212/2023 registered by
respondent under Sections 406,
420 of IPC on execution of
personal bond for Rs.50,000/н
each with one surety for the like
sum to the satisfaction of the
Investigation Officer subject to
following conditions.
1. The petitioners/accused shall
appear before the IO on or before
12.09.2023 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.

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Crl.Misc.No.8332/2023
& 8516/2023
3. he petitioners/accused shall
regularly appear before the
concerned Court as and when
called for.
4. Petitioners/accused shall not
commit similar offences.
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.8332/2023
& 8516/2023