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Crl.Misc.No.3154/2024
KABC010088962024
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 5TH DAY OF APRIL 2024
CRL.MISC. NO.3154 / 2024
PETITONER/S:
1. B.RAMASWAMY
S/O LATE BELERANGAPPA
AGED ABOUT 75 YEARS.
2. RANGANATH S.K.
S/O KRISHNAMURTHY S.
AGED ABOUT 36 YEARS,
BOTH RESIDING AT RAILWAY
GOLLAHALLI VILLAGE, KASABA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU Ц 562 123.
(By Sri.Shreeram T. Nayak, Adv..)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY BASAVESHWARANAGAR
POLICE STATION, BENGALURU,
(By Public Prosecutor)
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Crl.Misc.No.3154/2024
ORDER
The petitioners / accused
have filed this petition
under Section 438 of Cr.P.C. seeking for
an order of
anticipatory bail.
2.

On the complaint filed by Sri.Pavan Kumar M. S/o late
Suryanarayana, a case is registered at the respondent
police station in Cr.No.114/2024 against the accused for the
offences punishable u/Ss. 420, 465, 468, 471 of IPC.
3.

The case of the prosecution in brief is that,
the
complainant is the Director of ‘Lakshmi Cement and
Ceramics Industries’ factory, which is situated in the 3 rd
floor of house bearing No. 202, Harsha Arcade Apartment,
4th Stage, 4th Block, Basaveshwaranagar, Bengaluru.

The
accused No.1 was the Director of this Industries from 2002
to 2010. Even though he is not having any right over this
company with an intention to cheat the share holders he
obtained PAN card and Bank account details in the name of
this Industries and misused the same.

He had made
several correspondences in the name of factory. Hence, the
complainant
filed
the
investigation is going on.

aforesaid
complaint.

Now
the
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Crl.Misc.No.3154/2024
4.

Now, these petitioners / accused are contending that
they are innocent persons and they have not committed
any offence. This petitioner No.1 was a Director of this
company from 2022 to 2010
and there was a dispute
among the Directors at a given point of time.

Sanjeev
Ramesh Khanbdelwal who was Managing director had
removed all the existing directors of the company including
this petitioner No.1. It was challenged in O.S.No.7186/2010.
Thereafter the settlement was drawn and this petitioner
No.1 remained as Director. Subsequently, in the year 2017,
this petitioner himself appointed the complainant as a
Director. In the year 2019, this petitioner No.1 had entered
into share transfer agreement dated 22.02.2019 with one
Srinivasaiah
Medisetty.

He
expired
on
18.10.2019.

subsequently, the dispute arose between the parties and
this petitioner No.1 filed CMP No.186/2022 before the
Hon’ble High Court. Now an arbitrator is appointed by the
Hon’ble High Court.

As a counter-blast of that case, the
complainant has filed false complaint. These petitioners are
ready for investigation. They are permanent residents of
the address mentioned in the cause title. Hence, prayed to
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Crl.Misc.No.3154/2024
allow the petition.
5.

Learned Public Prosecutor has contested this petition
by filing detailed objections by reiterating the case of the
prosecution 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 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. At the time of his arguments, the learned counsel
for the petitioner has produced copy of the order passed by
the Hon’ble High Court in Civil Misc. Petition No.186/2022.
In that case, an Arbitrator is appointed by the Hon’ble High
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Crl.Misc.No.3154/2024
Court.
10. Even though the alleged offences are
non-bailable,
they are not punishable with death. It is not in dispute that
these petitioners are the permanent residents of the
address mentioned in the cause title. These petitioners are
ready for investigation.

Such being the case, reasonable
conditions will meet the apprehension of the prosecution.
Hence,
the
aforesaid
point
is
answered
in
the
AFFIRMATIVE and proceed to pass the following.
ORDER
Bail petition filed by the petitioners / accused
under
Section 438 of Cr.P.C. is hereby ALLOWED.
In the event of arrest of these
petitioners / accused
in Cr.No.114 /2024 of respondent police they shall be
enlarged on bail by accepting personal bond in a sum of
Rs.50,000/- each with one surety for likesum, on the
following conditions.
1.

The petitioners / accused shall appear before the
Investigating officer within 10 days from the date
of this order.

2.

They shall not tamper with prosecution witnesses in
any manner.

3.

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

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Crl.Misc.No.3154/2024
4.

They shall not involve in any criminal activities.

5.

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

(Dictated to the SG-I, transcribed by him and then corrected
by me and then pronounced in the open court on this the 5 th
day of APRIL 2024)
(SHRIRAM NARAYAN HEGDE),
LV Addl. City Civil & Sessions Judge,
Bengaluru. (CCH-56)
SHRIRAM
NARAYAN
HEGDE
Digitally signed by
SHRIRAM
NARAYAN HEGDE
Date: 2024.04.05
16:59:41 +0530