KABC010228072023
Presented on
Registered on
Decided on
Duration
: 24-08-2023
: 24-08-2023
: 02-09-2023
: 0 years, 0 months,
9 days
IN THE COURT OF THE LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-65) AT BENGALURU)
Dated this 2 nd day of September 2023
-: P R E S E N T :Smt. Kalpana M.S.,
B.Sc., LL.M.,PGD-CLCF.,
LXIV ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-65, BENGALURU CITY.
Crl.Misc.No.8296/2023
PETITIONERS
1.

B.Venkatesh Naidu,
S/o.g.Balakrishna Naidu,
Aged about 52 years,
R/at No.11, 1st Main,
4th Cross, Near Hosapalya
Bus stop, Next to Parvathamma
House, Hosapalya,
Bengaluru-560 068.
(Accused No.1)
2
Crl.Mis.No.8296/2023
2.

Sri Sunil Kumar Singh,
S/o. Mohan Singh,
Aged about 40 years,
R/at. No.889, Ground Floor,
5th Main, 22nd Cross,
HSR Layout,
Bengaluru-560 102.
(Accused No.5)
(By Sri.Sathish Kumar, Advocate)
/Vs/
RESPONDENT
:
State of Karnataka by
Parappana Agrahara Police Station,
Bengaluru.
(Rep. By Learned Public Prosecutor)
ORDERS ON ANTICIPATORY BAIL APPLICATION
U/S.438 OF CR.P.C.
Petitioners/accused No.1 and 5 have
filed this
petition U/s.438 of Code Criminal Procedure (hereinafter
referred
as
Cr.P.C.,)
seeking
anticipatory
bail
in
Cr.No.386/2023 of Parappana Agrahara police station,
Bengaluru for the offences punishable U/s.420, 468, 464
R/w.Sec.34 of Indian Penal Code (hereinafter referred as
3
Crl.Mis.No.8296/2023
I.P.C.), pending on the file of Addl. Chief Metropolitan
Magistrate Court, Bengaluru.
2.

Learned Public Prosecutor
appearing for
the
State has filed objection statement along with report of the
Investigating Officer, opposing the bail petition.
3.

For the purpose of brevity, the facts stated in
the petition and objections will be stated at appropriate
stage of the orders.
4.

Heard
arguments. Perused the materials on
record.
5.

The points that arise for my consideration are;
1. Whether petitioners/accused No.1 and
5 are entitled for grant of anticipatory
bail U/s.438 of Code of Criminal
Procedure?
2. What Order?

4
Crl.Mis.No.8296/2023
6.

For the reasons stated hereinafter, my findings
on the above points are as follows;
Point No.1: In the Affirmative
Point No.2: As per final order
for the following:R E A SON S
7.

POINT NO.1:- Along with petition, petitioners
have produced certified copies of complaint, F.I.R. in
Cr.No.386/2023, xerox copies absolute sale deed, Gift
deed,
Aadhar card of the petitioner No.2.

Perused the
same.
8.

The facts set out in the complaint and F.I.R., in
brief, is as under;
The petitioners and others are in the real estate
business under the name and style of Navayuga Properties
Pvt.Ltd., Complainant were trapped to invest their hard
5
Crl.Mis.No.8296/2023
earned money with this company
and the complainant
have booked 4 sites in phase-I and 3 sites in Phase-2 and
thereafter the said persons executed Sale Deeds and
received
valuable
consideration.

Subsequently,
complainant came to know that, accused No.2 has signed
the sale deed in the name of Nagarajashetty -land owner
and
thereby
all
the
accused
persons
cheated
the
complainant. On the basis of the complaint, respondent
police have registered this case against accused persons
and proceeded with investigation.
9.

Learned
counsel
vehemently
argued
that,
petitioners/accused No.1 and 5 are innocent of the alleged
offences. They have not committed
any such offences.

They have been falsely implicated in this case. There is no
allegation
in
the
complaint
against
petitioner
No.2.

Petitioner No.1 is not involved in the case. The dispute
between the complainant and petitioners is purely civil in
6
Crl.Mis.No.8296/2023
nature. The petitioners hails from respectable family and
undertakes to co-operate with investigation. They are ready
and willing to abide by the terms and conditions that may
be imposed by this court. There is serious apprehension of
arrest. The learned counsel submits that, the petitioner s
have
made out prima facie case
for grant of pre-arrest
bail.
10.

At the out set, the alleged offences are triable
by Magistrate. The said offences are neither punishable
with
death
penalty
nor
imprisonment
for
life.

The
commission of offences by petitioners are required to be
established during trial. The Hon’ble Supreme Court of
India in the decision of State of Rajasthan, Jaipur V/s.
Balachandh @ Baliay (AIR 1977 SC 2447)
and in
catena of decisions pleased to laid down the legal doctrine
that “Bail is a rule and jail is an exception”. This legal
doctrine is laid down for safeguarding fundamental right
7
Crl.Mis.No.8296/2023
under Article 21 of Constitution of India, granting the right
to life and liberty.
11.

The offences alleged against the petitioners are
punishable under 420
of I.P.C. and allied offences. It is
settled law that, in a case of this nature, custodial
interrogation is not warranted, as they are primarily based
on documentary evidence. In the decision reported in AIR
2023 Supreme Court 1570: AIR Online 2023 SC 198 in
a
case
of
Mahdoom
Bava
V/s.Central
Bureau
of
Investigation, the Hon’ble Court pleased to observe that;
Criminal P.C. (2 of 1974) S.438 Ц Anticipatory
bail Ц Entitlement Ц Offences U/Ss. 420, 467,
468, 471 R/w.Sec.120B of I.P.C. and S.13(3)
R/w.Sec.

13(1)(d)
of
the
Prevention
of
Corruption Act Ц CBI did not require the
custodial interrogation of accused persons
during investigation- CBI only wanted the
presence of accused persons before trial
court to face trial- Therefore to oppose the
8
Crl.Mis.No.8296/2023
anticipatory bail request may not be proper
Ц When case was primarily
based
documentary
of
evidence,
arrest
on
accused
persons was not warranted- Eleven cases
were registered against prime accused but
those
cases
were
not
relevant
for
adjudicating the present matter.

Accused
persons
may
apprehended
remanded
to
that
custody
by
they
trial
be
court-
Anticipatory bail granted.
The ratio laid down in the cited decision is applicable
to the facts and circumstances of this case.
12.

It is forthcoming
from the records that,
the
dispute is civil in nature. There is no report of criminal
antecedents. The petitioners have permanent place of
abode at Bengaluru. The chances of flee from justice is
remote. The apprehension of the prosecution could be met
by
imposing
conditions.

Under
these
facts
and
circumstances and in view of the law laid down by Hon’ble
9
Crl.Mis.No.8296/2023
Supreme Court of India in the case of Satender Kumar
Antil
V/s.Central
Miscellaneous
Bureau
Application
of
Investigation
No.1849/2021
in
dated
11.07.2022, I am of the opinion that, to struck the
balance between individual liberty and humiliation due to
unjustifiable detention against free and fair trial as well as
welfare of society, it is proper to enlarge the petitioners on
bail
by
imposing
appropriate
terms
and
conditions.

Accordingly, point No.1 is answered in the Affirmative.
13.

POINT
NO.2:
In
view
of
the
aforesaid
discussion, this court proceed to pass the following :
O R DE R
Anticipatory
bail
petition
U/s.438
of
Cr.P.C., filed by the petitioners/accused No.1
and 5 is allowed.
Respondent police is directed to release
the petitioners/accused No.1 and 5 on bail in
the event of their arrest in Cr.No.386/2023 of
10
Crl.Mis.No.8296/2023
Parappana Agrahara police station, Bengaluru
for the offences punishable U/s.420, 468, 464
R/w.Sec.34 of
I.P.C., pending on the file of
Addl. Chief Metropolitan Magistrate Court,
Bengaluru
by taking
personal
bonds
for
?.50,000/- (fifty thousand) each with two
sureties for like sum on following conditions;
1. Petitioners/accused No.1 and 5 shall
appear before Investigating Officer and
co-operate with investigation within 15
days from the date of this order and
make
themselves
available
for
investigation as and when called by
the Investigating Officer.
2.

They
shall
regarding
their
furnish
address
documents
proof,
the
address proof of their sureties and
copies of their Aadhar cards
at the
time of furnishing sureties.
3. They shall mark their attendance at
respondent police station on 1st and 3rd
Sunday of every month between 10.00
11
Crl.Mis.No.8296/2023
a.m. and 2.00 p.m., till conclusion of
investigation
or for a period of 3
months, whichever is earlier.
4. They shall not
make
any
directly or indirectly
inducement
threat
or
promise to any person acquainted with
the facts of the case so as to dissuade
them from disclosing such facts either
to the Investigation Officer or to the
trial court.
5. They shall not leave the jurisdiction of
India without prior permission of the
trial court.
6. They shall not involve in any criminal
activities.
7. In
the
event
residential
any
address,
change
in
the
petitioners
and
their sureties shall intimate the same to
the trial court immediately without fail.

12
Crl.Mis.No.8296/2023
Violation of any of these conditions would
entitle cancellation of bail.
(Dictated to the Judgment Writer, transcribed and
computerized by her, then corrected, signed and
pronounced by me in open court on this 2 nd day of
September 2023).

(KALPANA M.S.)
LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
BENGALURU CITY.

13
Crl.Mis.No.8296/2023
Order pronounced in the open
Court (vide separate Order)
OR D E R
Anticipatory bail petition U/s.438 of
Cr.P.C., filed by the petitioners/accused
No.1 and 5 is allowed.
Respondent
police
is
directed
to
release the petitioners/accused No.1 and 5
on bail in the event of their arrest in
Cr.No.386/2023
of
Parappana
Agrahara
police station, Bengaluru for the offences
punishable U/s.420, 468, 464 R/w.Sec.34
of
I.P.C., pending on the file of Addl. Chief
Metropolitan Magistrate Court, Bengaluru
by taking personal bonds for ?.50,000/(fifty thousand) each with two sureties for
like sum on following conditions;
1. Petitioners/accused No.1 and 5
shall appear before Investigating
Officer
and
co-operate
with
investigation within 15 days from
14
Crl.Mis.No.8296/2023
the date of this order and make
themselves
available
for
investigation as and when called by
the Investigating Officer.
2. They shall
furnish
documents
regarding their address proof, the
address proof of their sureties and
copies of their Aadhar cards at the
time of furnishing sureties.
3. They shall mark their attendance at
respondent police station on 1st and
3rd Sunday of every month between
10.00 a.m. and 2.00 p.m., till
conclusion of investigation or for a
period of 3 months, whichever is
earlier.
4. They shall not directly or indirectly
make any inducement threat or
promise to any person acquainted
with the facts of the case so as to
dissuade
such
them
facts
from
either
disclosing
to
the
15
Crl.Mis.No.8296/2023
Investigation Officer or to the trial
court.
5. They shall not leave the jurisdiction
of India without prior permission of
the trial court.
6. They
shall
not
involve
in
any
criminal activities.
7. In the event any change in the
residential address, petitioners and
their sureties shall intimate the
same to the trial court immediately
without fail.
Violation of any of these conditions
would entitle cancellation of bail.
Consequently,
this
criminal
miscellaneous proceedings is disposed
of.

LXIV ADDL.CITY CIVIL &
SESSIONS JUDGE, CCH-65,
16
Crl.Mis.No.8296/2023
BENGALURU CITY.