11
Crl. Misc. No.3184/2024
KABC010089882024
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 3 rd day of May, 2024
PRESENT :- Sri.Sirajuddeen A., B.A., LL.B.,
XX ACC & SJ, Bengaluru,
C/C LXI ACC & SJ,
Bangalore, (CCH-62)
CRL. MISC. No.3184/2024
Petitioner/s
: 1.

2.

Sri.Arif Abu Suffian Khatai Arif,
S/o.Late Syed Noorulla Hassan
Khatai, Aged about 65 years,
No.113, 34th Cross, 9th Main,
BSK 2nd Stage, Bengaluru South,
Bengaluru-560 070.
Smt.Syeda Massarath Unnisa Arif,
W/o.Sri.Arif Abu Suffian Khatai Arif,
Aged about 60 years, No.129,
3rd Cross, Opp.Mosque, JHBCS
Layout, Bengaluru South,
Bengaluru-560 078.
(By Sri.N.M.Handral, Adv.)
V/s.

Respondent
:
The State by Kengeri
Police Station,
Bengaluru.

11
Crl. Misc. No.3184/2024
(Rep. by Public Prosecutor,
Bengaluru.)
ORDER ON ANTICIPATORY BAIL APPLICATION FILED
BY THE PETITIONERS UNDER SECTION 438 OF Cr.P.C.
This petition is filed by the petitioners under Section
438 of Cr.P.C., to enlarge them on anticipatory bail, in the
event of their arrest in Cr.No.39/2024 of Kengeri Police
station, for the offences punishable under Sections 511, 506,
34, 120B, 406, 420 of IPC.
2. The petitioners contend that they are innocent of the
alleged
offences
and
the
alleged
offences
are
neither
punishable with death or imprisonment for life. They never
received any amount from the complainant.

and they are
permanent resident of the address as shown in the cause title
of the petition and as such there is no chance of them
absconding or fleeing away from justice and have got deep
roots in the society and they are ready and willing to abide by
the conditions that may be imposed by the court and they are
also ready to offer solvent surety to the satisfaction of the
court for their release on bail, hence they are entitled for bail.
3. On the other hand the learned Public Prosecutor has
filed his objections & opposed the above application that the
grounds
urged
for
seeking
anticipatory
bail
are
not
satisfactory & the matter is still under investigation & now at
11
this stage, if
Crl. Misc. No.3184/2024
the petitioners are granted anticipatory bail
then they may threaten, abscond and tamper the prosecution
witnesses & accordingly prayed for rejection of the bail
petition.
4. In view of the above said facts and circumstances, the
points that arise for my consideration are as follows;
1) Whether the anticipatory bail
petition filed by the petitioners
under Section 438 of Cr.P.C.,
deserves to be allowed?
2) To what Order?

5. I have carefully perused the entire materials available
on record and heard the arguments of learned counsel for the
petitioners
and
the
learned
Public
Prosecutor
for
the
respondent.

6. Now, my findings on the above points are as follows:Point No.1 – In Affirmative;
Point No.2 – As per final Order, for the following;
R E A SON S
7. Point No.1:- It is contended by the petitioners No.1
and 2 that they are totally innocent of the alleged offences
against them and they have not received any amount. The
11
offences
alleged
are
not
Crl. Misc. No.3184/2024
punishable
with
death
or
imprisonment for life. They are ready to co-operate with the
investigations.

There is no possibility of petitioners fleeing
away from the judicial process or tampering with the
witnesses.

They are ready to abide by the conditions that
may be imposed by the court.
8. On the other hand, the learned Public Prosecutor has
contended
that,
investigation
there
and
is
possibility
tampering
with
of
hampering
the
the
evidence
and
threatening of the prosecution witnesses and hence, sought
for rejection of the petition.

9. On perusal of the FIR & complaint, it is alleged that
the complainant while searching the house for lease, he
contacted the accused No.2-Shabbir Ahmed.

The accused
No.1 and 3 i.e. the petitioners herein themselves introduced
as the owners of apartment building and the said Shabbir
Ahmed is said to be their GPA Holder for managing the
building affairs.

The accused No.2 has agreed to give the
house for the lease.

The complainant took a flat bearing
No.102, first floor, Block A, RF Twilight No.31, 1 st Main Road,
Opposite Maramma temple, Kote, Kengeri on a lease vide
Lease agreement dated 29.07.2022 for a period of 2 years.
When he took the flat, the accused No.1 to 3 said that, they
are ready to give the property for lease, but they need advance
11
Crl. Misc. No.3184/2024
amount of Rs.5,00,000/- to vacate the old tenant. Thereafter,
he had paid totally Rs.9,00,000/- on different dates through
cash, DD and Phone-Pe to the accused No.2 and the accused
No.2 issued receipts for payment of the amount. To his utter
shock, the petitioner No.1 issued him notice dated 10.8.2023
directing him to vacate the flat within 3 months. It is further
alleged that at the time of giving the house for lease, the
accused No.1 to 4 promised that they will provide separate
meter of electricity and collected Rs.15,000/- from each
tenant and totally collected amount of Rs.3,15,000/- and
inspite of paying the demanded amount, the petitioners and
the accused No.2 colluding with each other, have cheated the
complainant and other tenants. On 3.10.2023 officials from
BESCOM authority disconnected the electricity of entire
apartment. The complainant and other tenants came to know
that electricity bill of the entire apartment is due to the tune
of Rs.2,23,400/-.

He also learnt that, the flat in which he
was living has already been sold to one Mrs.Emilian Moterio
vide sale deed dated 24.1.2018. The accused No.1 to 5 along
with accused No.6 hatched a criminal conspiracy to cheat
him by inducing him to take the flat on leased which was
already mortgaged. Thereby, they have cheated him. Further
they said to vacate the flat without any refund of lease
amount paid under the Agreement of Lease dated 29.7.2022.
Thereby petitioners have committed the offence punishable
under Section 420, 34 of IPC.

11
Crl. Misc. No.3184/2024
10. Counsel for the petitioners argued that, petitioners
have not seen the complainant. They had not let out the flat
to the complainant.

The complainant has not paid any
amount to the petitioners. When such being the case though
the complainant had dealt with the accused No.2, the
complainant has falsely implicated the petitioners in the
above case. The petitioner No.1 lodged the complaint against
the accused No.2 in Cr.No.393/2023 at Jayanagar P.S. and
he is under judicial custody.

The alleged offences are not
punishable with death or imprisonment for life.

Hence, he
prays for allowing of the bail application.

11. On the other hand, though the prosecution has
opposed the case of the petitioners that if the petitioners are
granted anticipatory bail then they may threaten, abscond
and tamper the prosecution witnesses.

Hence, sought for
rejection of petition.
[
12. The allegations made in the complaints give an
impression that all the money has been received by accused
No.2 either personally or through his GPA Holder. As such
the role of the petitioners herein, who have been arraigned as
accused No.1 and 3, need to be investigated.
13. No, doubt the nature of allegations made by the
complainant probabilize the chances of alleged collusion
between some of the accused persons and such allegtions
11
need to be investigated.

Crl. Misc. No.3184/2024
However, the need of such
investigation cannot be a sole ground to refuse the prayer
made by the petitioners herein. It is because primarily the
transaction between the complainant and the accused
persons is of lease agreement and probably supported by
documentary evidence.

Similarly the payment of money by
the complainant is any, is also evidenced by some documents.
Thereby the facts and circumstances of the case give an
impression that the allegations made against the accused
persons can be proved by documentary evidence. Moreover,
the petitioner No.1 had lodged complaint against the accused
No.2 as per Cr.No.393/2023 for the offence punishable under
Sections 506, 504, 380, 406, 420, 465, 468, 471, 417 of IPC.
Apart from the above, the petitioners have stated that they
are ready to abide by any condition imposed by the court.
For
the
foregoing
reasons,
this
court
holds
that
the
petitioners have made out valid grounds to allow the petitions
though subject to conditions. If the petitioners fails to comply
with such conditions, naturally the prosecution gets the right
to seek for cancellation of the benefit extended to the
petitioners under this order. Hence, Point No.1 is answered
in the affirmative.
14.

Point No.2 :- In view of my answer to point No.1, I
proceed to pass the following:O R DE R
11
Crl. Misc. No.3184/2024
The anticipatory bail petition filed by the
petitioners u/s 438 of Cr.P.C., is hereby
allowed subject to following conditions:
1. That in the event of arrest of the
petitioners in Cr. No.39/2024 of Kengeri Police
they shall be released on bail on executing a
personal bond for a sum of Rs.2,00,000/- each
with one surety for each petitioner for the like
sum amount.
2. That the petitioners shall appear before
the I.O. within 30 days from the date of this
order and shall co-operate in the matter of
investigation or whenever called by the I.O.
3. That the petitioners shall mark their
attendance before the respondent Police Station
once in a week on 2nd Saturday of every month
till filing of charge sheet or till the period of 6
months whichever is earlier.
4. That the petitioners shall not hold any
threat to the complainant and shall not tamper
with any of the prosecution witnesses directly or
indirectly.
5. That the petitioners shall furnish their
residential address proof and that of their surety.

11
Crl. Misc. No.3184/2024
6. That the petitioners shall not indulge in
similar type of offences in future.

7. That the petitioners shall appear before
the trail court regularly without fail on receipt of
the summons.
8. That if the petitioners fails to obey any of
the above said conditions, then this bail order
automatically stands cancelled.
(Dictated to the Judgment writer directly on computer, computerized by
her, corrected, signed and then pronounced by me in the open Court on
this the 3 rd day of May, 2024).

(Sirajuddeen A.),
XX ACC & SJ,
C/C LXI ACC & SJ,
Bangalore.