1
Crl.Misc.No.8050/2023
KABC010222502023
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 26TH DAY OF AUGUST 2023
Crl.Misc. No.8050 / 2023
PETITONER/S:
ANNAIAH A.B.
S/O BHAIREGOWDA
AGED ABOUT 42 YEARS,
RESIDING AT NO. 113, 5TH CROSS,
VIDHANASOUDHA LAYOUT,
LAGGERE, BENGALURU Ц 560 058.
(By M/s. K.P.J. Associates, Adv.)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY
RAJAGOPALANAGARA
STATION, BENGALURU.

POLICE
(By Public Prosecutor)
ORDER
The petitioner / accused No.3 has filed this petition
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Crl.Misc.No.8050/2023
under Section 438 of Cr.P.C. seeking for an order of
anticipatory bail.
2.

On the complaint filed by Sri.Karthikeyan S/o Gopal, a
case is registered at the respondent police station in
Cr.No.295/2023 for offence punishable u/Ss. 420, 504, 506,
r/w S.34 of IPC.
3.

The case of the prosecution in brief is that, The
complainant is a dealer of whole-sale clothes having his
shop in the name and style of M.D.Tex. Through mediator
Jafar, he had purchased baninan beads worth Rs.6,80,000/and paid the same through GooglePay an RTGS. On the
same day, purchased materials were loaded to the lorry. At
that time, the accused No.1 told that the complainant has
to purchase remaining materials and to pay additional
amount of Rs.3 lakhs. The complainant has not agreed for
that. Hence, the accused No.1 got unloaded the materials
from the lorry and told that, he will repay Rs.6,80,000/-.
Subsequently, the accused No.1 repaid Rs.3 lakhs. But he
has
not
repaid
Rs.3,80,000/-. When
the
complainant
questioned the same the accused abused him in a filthy
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Crl.Misc.No.8050/2023
language and gave threat to
his life and thereby the
accused committed cheating. Hence, the complainant filed
the aforesaid complaint and now investigation is going on.

4.

Now this petitioner is contending that
he is an
innocent persons and not committed any offence. There is a
delay of 8 months in lodging the complaint. The petitioner
is contesting election of Nagapura Credit Co-operative
Society Limited for the post of Director.

Due to political
rivalry he is falsely implicated in this case. He has no way
concerned with the transaction between the accused No1.
And the complainant.

The alleged offences are even
though non-bailable they are not punishable with death or
imprisonment for life and they are triable by the court of
Magistrate. If he is arrested his political future will be
spoiled.

The respondent police have already completed
investigation.

This petitioner is permanent resident of the
address shown in the cause title. He is ready to abide by
the conditions that may be imposed by this court. Hence,
prayed to allow the petition.

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Crl.Misc.No.8050/2023
5.

The learned Public Prosecutor has contested this
petition by filing detailed objections by reiterating the case
of the complainant
and further contended that there is
prima facie case against the petitioners. If they are
enlarged on bail they may tamper with prosecution
witnesses. They may abscond. Hence, prayed to reject the
bail application.
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
УWhether the petitioners / accused No.3 has made out
sufficient grounds to grant an order of anticipatory bail
by resorting to special powers vested in this Court
under Section 438 of Cr.P.C.?Ф
8.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. The transaction is between the accused No.1 and
the complainant. In the complaint there is no specific
allegations against this petitioner. Even though the alleged
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Crl.Misc.No.8050/2023
offences are non-bailable, they are not punishable with
death or imprisonment for life and they are triable by the
court of Magistrate. It is not in dispute that the petitioner is
the permanent resident of the address mentioned in the
cause title. He is ready to abide by the conditions that may
be imposed by this court. There is no criminal antecedents.
Reasonable conditions will meet the apprehension of the
prosecution. Considering all these aspects, in my opinion,
the petitioner is entitled for an order of anticipatory bail.
Hence,
the
aforesaid
point
is
answered
in
the
AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioner / accused
No.3
under Section 438 of Cr.P.C. is hereby allowed.
In
the
event
of
arrest
of
this
petitioner
in
Cr.No.295/2023 of respondent police, he shall be enlarged
on bail by accepting personal bond in a sum of Rs.50,000/with one surety for likesum, on the following conditions.
1.

The petitioner / accused No.3
shall appear before
the Investigating Officer within 10 days from the
date of this order.
2.

He shall not tamper with prosecution witnesses in
any manner.

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Crl.Misc.No.8050/2023
3.

He shall co-operate with Investigating Officer as and
when called for investigation.

4.

He shall not involve in any criminal activities.

5.

He shall attend the court, regularly, on all the dates
of hearing, without fail.

(Dictated to the Judgment Writer, transcribed by him and
then corrected by me and then pronounced in the open
court on this the 26th day of AUGUST 2023)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
NARAYAN
HEGDE
Date: 2023.08.26
16:25:28 +0530