IN THE COURT OF THE LVIII ADDL. CITY CIVIL
AND SESSIONS JUDGE (CCH-59),
BENGALURU CITY.
Dated this the 21st day of January, 2023
PRESENT:
Sri.N.Krishnaiah, B.Sc., LL.B.,
LVIII Addl. City Civil & Sessions Judge (CCH-59),
Bengaluru City.
CRL.MISC.No.497/2023
PETITIONER
:
Ashish Bansal @ Ashish,
S/o Vinod Kumar,
Aged about 28 years,
Residing at No.1310,
Ward No.8,
Dharmashali Gali,
Near Girls School,
Uklana Rural (113), Hisar,
Haryana Ц 125 113.
And also residing at
No.297, 7th Cross,
Near Jindal Public School,
Tumakuru Road,
Bengaluru.
(By Sri.Keshavaiah.K.C., Advocate)
V/S
RESPONDENT
:
The State of Karnataka by
RMC Yard Police Station,
Bengaluru.

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C.Misc.No.497/2023
01/2020
(By Learned Public Prosecutor)
ORDER ON BAIL APPLICATION U/S 438 OF CR.P.C.
The petitioner has filed this petition under section 438
of Cr.P.C., seeking to enlarge him on anticipatory bail in the
event of his arrest by the respondent police in Crime
No.04/2023 for the offences punishable under sections 406
and 420 of IPC, pending on the file of 3rd Additional Chief
Metropolitan
Magistrate,
Bengaluru,
by
allowing
this
petition, in the ends of justice.

2.
and
He has further contended that he is an innocent
he has not committed the alleged offences. The
respondent police are making hectic efforts to arrest him.
The complaint is bald and does not reflect any attributes
towards him. The alleged incident took place on 26.12.2022
to
09.01.2023.

But,
the
complaint
was
lodged
on
10.01.2023. The delay is not properly explained. His name
is not reflected in the complaint or in the FIR. He has been
falsely implicated in this case. The alleged offences are not
punishable with death or imprisonment for life. He hails
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C.Misc.No.497/2023
01/2020
from respectable family and having deep roots in the
society.

He
antecedent.

has
no
criminal
background
and
bad
He is a permanent resident of the address
mentioned in the cause title. He is ready and willing to
abide by any terms and conditions that may be imposed by
this court and he is ready to co-operate for investigation.
Hence, he
requests to allow this petition, in the ends of
justice.

3.

On the contrary, the learned Public Prosecutor has
filed his objections and strongly opposed to allow this
petition on the major ground that, this petitioner is also
involved in the alleged offences. The investigation is under
progress. At this stage, if he is released on bail, he being a
resident of Different State, he
may abscond from the
jurisdiction of the court. Then fair investigation cannot be
conducted. Hence, he requests to reject this petition, in the
ends of justice.

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C.Misc.No.497/2023
01/2020
4.

In view of the aforesaid rival contentions, the
following points that would arise for my consideration are:
1. Whether the petitioner is entitled
for anticipatory bail under section
438 of Cr.P.C., as prayed for in this
petition?
2. What Order?
5.

Heard arguments of both the sides and perused
the records.
6.

My finding to the above points are as follows:
Point No.1:- In the Affirmative
Point No.2:- As per the final order
for the following;
REASONS
7.

POINT NO.1:- On 10.01.2023, the complainant
has initiated
this first information by alleging that, the
accused have created 120 accounts to place order of low
value EMCG products. As per the said order, the products
were delivered only two
address
of Bengaluru.

This
accused, who are aware about, returned less refund policy,
C.Misc.No.497/2023
5
01/2020
they have forced to provide refund as the goods delivered
having some defect. The accused have received received
refund amount approximately Rs.2,80,000/- and cheated
the complainant company.

8.

But, as rightly submitted by the learned counsel
for the petitioner, the name of this petitioner is not reflected
either in the complaint or in the FIR.

Admittedly, the FIR
registered against unknown person. The complainant does
not know, who has committed the alleged offences. Hence,
there is no specific overt act attributed against this
petitioner to connect with the alleged offences.

9.

No doubt as submitted by the learned Public
Prosecutor, the investigation is under progress, but prima
facie
there
is
no
material
to
believe
that,
this
petitioner/accused No.3 is also involved in the alleged
offences.

Moreover, though the alleged offences are non
bailable in nature, but the same are not exclusively
punishable with death or imprisonment for life. Both the
offences are exclusively triable by the learned Magistrate.

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C.Misc.No.497/2023
01/2020
There is no criminal background or bad antecedent against
this petitioner. There is reasonable apprehension of arrest
by the respondent police in non bailable offences.

10.

Though, the petitioner is a resident of different
State, but on this sole ground, this bail petition cannot be
rejected. On the other hand, if stringent conditions are
imposed, the purpose of prosecution may be served. Under
these circumstances and also considering the nature and
gravity of the offences, it is a fit case to extend the
discretionary power in favour of this petitioner and hence,
he is entitled for bail with certain conditions. In view of the
above reasons, I answer point No.1 in the УAffirmativeФ.

11.

POINT NO.2:-
In the result, for the reasons
stated above, I proceed to pass the following;
ORDER
The petition filed by the petitioner under
section 438 of Cr.P.C., is hereby allowed.

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C.Misc.No.497/2023
01/2020
The respondent-police are hereby directed to
release the petitioner on anticipatory bail in the
event of his arrest in Crime No.04/2023 for the
offences punishable under sections 406 and 420 of
IPC, on his executing personal bond for a sum of
Rs.1,00,000/-, with two sureties for the likesum,
subject to the following
CONDITIONS
1. The petitioner shall not threaten the
prosecution witnesses and tried to
tamper the documents directly or
indirectly.
2. The petitioner shall appear before
Investigating Officer and co-operate for
investigation as and when called for.
3. The petitioner shall not commit similar
offences in future.
4. The petitioner shall attend the court
regularly on all the dates of hearing
without fail.
5. The petitioner shall furnish his correct
address proof before the respondent
police.

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C.Misc.No.497/2023
01/2020
6. The petitioner shall appear before the
respondent police within 15 days from
the date of this order.
7. The petitioner shall deposit a sum of
Rs.25,000/-towards cash security before
the learned Magistrate.
(Dictated to the Judgment Writer, transcribed by her,
corrected, signed and then pronounced by me in the open
court on this the 21st day of January 2023)
(N.KRISHNAIAH)
LVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.

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C.Misc.No.497/2023
01/2020
Order pronounced in the open Court (vide
separate order)
ORDER
The petition filed by the petitioner under
section 438 of Cr.P.C., is hereby allowed.
The respondent-police are hereby directed to
release the petitioner on anticipatory bail in the
event of his arrest in Crime No.04/2023 for the
offences punishable under sections 406 and 420 of
IPC, on his executing personal bond for a sum of
Rs.1,00,000/-, with two sureties for the likesum,
subject to the following
CONDITIONS
8. The petitioner shall not threaten the
prosecution witnesses and tried to
tamper the documents directly or
indirectly.
9. The petitioner shall appear before
Investigating Officer and co-operate for
investigation as and when called for.
10.
The petitioner shall not commit
similar offences in future.

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C.Misc.No.497/2023
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11.
The petitioner shall attend the
court regularly on all the dates of
hearing without fail.
12.
The petitioner shall furnish his
correct address proof before the
respondent police.
13.
The petitioner shall appear before
the respondent police within 15 days
from the date of this order.
14.
The petitioner shall deposit a sum
of Rs.25,000/-towards cash security
before the learned Magistrate.
LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59),
BENGALURU CITY.

(Dictated to the Judgment Writer, transcribed by her,
corrected, signed and then pronounced by me in the open
court on this the 17th day of January, 2023)
(N.KRISHNAIAH)
LVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (CCH-59)
BENGALURU CITY.

C.Misc.No.497/2023
11
01/2020
Order pronounced in the open Court (vide separate
order)
ORDER
The petition filed by the petitioner under
section 438 of Cr.P.C., is hereby allowed.

The respondent-police are hereby directed to
release the petitioner on anticipatory bail in the
event
of
his
arrest
in
Crime
No.04/2023
(C.C.No.25591/2018) for the offences punishable
under sections 406, 420, 504, 506 and 120-B read
with section 34 of IPC, on his executing a personal
bond for a sum of Rs.1,00,000/-, with two sureties
for the likesum to the satisfaction of the respondent
police, subject to the following:
CONDITIONS
15.
The petitioner shall not threaten
the prosecution witnesses and tried to
tamper the documents directly or
indirectly.
16.
The petitioner shall not commit
similar offences in future.

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17.
The petitioner shall appear before
he Investigating Officer and Co-operate
for investigation as and when called for
if necessary.
18.
The petitioner shall attend the trial
court regularly on all the dates of
hearing without fail.
19.
The petitioner shall appear before
the
learned
4th
Additional
Chief
Metropolitan Magistrate, Bangalore City
within 15 days from the date of this
order.
20.
The petitioner shall not leave the
jurisdiction of the trial court till disposal
of this case without prior permission
from the learned Magistrate, except for
medical emergency.
LVIII ADDL.CITY CIVIL AND
SESSIONS JUDGE (CCH-59),
BENGALURU CITY.

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