KABC010017332023
IN THE COURT OF THE LXII ADDL.CITY CIVIL & SESSIONS
JUDGE BENGALURU CITY [CCH.63]
Dated: This the 18 th day of April, 2023
Present: Sri. A. EARANNA, M.Com., L.L.M.,
LXII Additional City Civil & Sessions Judge,
Bengaluru City.
Crl.Misc.No.551/2023
Petitioner
Mr.Balaji Venugopal Bhat,
S/o Venugopal Bhat,
Aged about 59 years,
R/at No.302, Embassy Orchid,
Extension, Bengaluru-560 008.
(By Sri. Anand Muttalli, Advocate)
Vs.
Respondents:
1. State by Ashok Nagar
Police station, Bengaluru.
(By Learned Public Prosecutor)
2. Smt.Sunitha Narendra Pujari,
W/o.Narendra Pujari,
Aged 47 years, Godanand
Municipal Office Colony,
Railway Line,
Solapur-431001.
(By Smt.Geetha J.Kadur, Advocate)
2
Crl.Misc.No.551/2023
ORDER
The petition is filed by the petitioner under Section 438 of
Cr.P.C for an order of anticipatory bail.
2.

On the strength of complaint, the Ashok Nagar police
have registered the Cr. No.699/2015 for the offences punishable
under Sections 406, 409 and 420 of I.P.C.
3.

In the bail petition it is contended that the petitioner is
innocent and he has not committed the alleged offences. The
respondent No.2 has filed the false case against the petitioner.
The respondent police have falsely implicated the petitioner in the
case on hand on the basis of false complaint filed by the
complainant. The petitioner is having deep roots in the society. The
respondent police are making hectic efforts to arrest the petitioner
and hence, on genuine apprehension of his imminent arrest by the
respondent Police, the petitioner has been constrained to file this
petition for anticipatory bail. The petitioner is ready to abide by any
conditions that may be imposed by the court and he is ready to
furnish surety to ensure his regular attendance before the
concerned Court. Inter alia, on these grounds, the petitioner prays
for allowing the bail petition.

3
4.

Crl.Misc.No.551/2023
The learned Public Prosecutor filed objection by
contending that the case is under investigation, at this stage, the
petitioner is granted with anticipatory bail, the petitioner may
threaten the prosecution witnesses and he may commit the similar
kind of offences and the possibility of petitioner fleeing away from
justice cannot be ruled out. Inter alia, on these grounds, the
learned Public Prosecutor prays for dismissing the bail petition.
5.

The respondent No.2 filed the objections contending
that, the respondent is running Ladies readymade shop at Solapur.
She
entered
business
franchise
agreement
and
invested
Rs.8,00,000/-. But, the petitioner has not followed the terms of
agreement and she sustained loss of 53.70 lakhs. The petitioner
colluding with other directors of the company cheated the
respondent at the tune of Rs.53.70 lakhs. She further contended
that, if the bail application is allowed, there are chances of
escaping from the trial, also possibility of hampering and tampering
of the documents and also prosecution witnesses.

Hence, she
prays to reject bail petition.
6.

Heard both sides. Perused the record.

7.

Following points arise for consideration of this Court
are:
1.

Whether the petitioner has made out ground
to enlarge him on anticipatory bail under
Section 438 of Cr.P.C.?

2.

What Order?

Crl.Misc.No.551/2023
4
8.

My findings on the above Points are as follows:
Point No.1
Ц In the Affirmative.

Point No.2
– As per Final Order, for the
following:
REASONS
9.

Point No.1:-
Counsel for the petitioner argued that the
petitioner not committed any offence as alleged by the respondent
No.2. The respondent No.2 has filed a false case against the
petitioner and the respondent police is making hectic efforts to
arrest the petitioner. If he is arrested, his reputation will be spoiled
in the community and in the society. The alleged offence is not
punishable with death or imprisonment for life.

The petitioner is
ready and willing to abide by the conditions that may be imposed
by the Court. Therefore, he prays to allow the bail petition. The
learned Public Prosecutor has submitted that she has no
objections to bail petition and she has submitted that she do not
want to submit the arguments on bail petition. Inspite of issuing
sufficient time, the counsel for respondent No.2 has not submitted
his arguments. Hence, taken as no arguments for respondent
No.2.
10. On perusal of the records, it reveals that one Sunitha Poojari
lodged the police complaint before the
Bengaluru in PCR No.10638/2015.

IV ACMM Court,
After filing the said police
complaint, the learned Court has referred the case for
5
Crl.Misc.No.551/2023
investigation and report to the Ashok Nagar Police station. The
Ashok Nagar Police station after conducting the investigation, they
have filed ‘B’ Final Report. After filing the ‘B’ Final Report, the
complainant herself has examined before the IV ACMM Court .
After examining the complainant, the IV ACMM Court has rejected
the ‘B’ Final Report and registered the case in Cr.No.0699/2015
for the offence punishable under Sections 406, 409 and 420 of
IPC. Then the above said petitiomer have approached this Court
seeking anticipatory bail. That the respondent police are making
hectic efforts to arrest the petitioner.
11. On perusal of the records, it reveals that one Raju
Mohandas Matane, Smt.Pooja Raju Matane and Sri.Balaji
Venugopal Bhat have executed franchise business agreement in
the year 2011 with the complainant and complainant had invested
an amount of Rs.8,00,000/-. In the said agreement transaction,
the complainant had sustained loss of Rs.53 Lakhs.

That the
present petitioner has not proceeded as per the agreement. But
the complainant believing the words of the petitioner, she has
running the ladies readymade cloth shop at Solapur. Mr.Sourabh
Talukdar, Primus Retail Private Ltd.’s official. Then the petitioner
approached the complainant and they asked franchise, then the
complainant informed the petitioner that she wanted few days for
taking decision. Thereafter the complainant has taken frachise.
As per the agreement, the complainant had deposited an amount
of Rs.8,00,000/-, which is refundable deposit and she immediately
6
Crl.Misc.No.551/2023
deposited Rs.1,00,000/- as confirmation of agreement. Then as
per the agreement, complainant will get Rs.1,00,000/- p.m. and
commission of 8% on the sale of materials. That the petitioner
has not followed the agreement. Due to it, the complainant had
suffered loss of Rs.53.70 lakhs.

Thereafter she has filed the
complaint before the IV ACMM Court. After taking cognizance,
the case has been registered.

Meanwhile the petitioner has
approached the IV ACMM Court and filed the bail application. In
the said bail application, the learned Sr.APP filed the objection but
the Court has not passed the order on the bail petition. During the
course of trial on 26.12.2022 the counsel for the complainant had
brought to the notice of the Court that the accused No.3 has not
obtained either regular bail or anticipatory bail and requested to
issue warrant against the accused No.3. The accused No.3 filed
the application under Section 317 of Cr.P.C., same was rejected
by the Court and issued NBW against him. The counsel for the
petitioner argued that the petitioner has approached the Court
seeking release on bail but the Court has not passed the order.
Meanwhile the Court has rejected the exemption petition and
issued NBW. The counsel for the petitioner argued that the police
are making hectic efforts to arrest the petitioner. If the petitioner is
arrested, then the reputation will be spoiled in the society. Inspite
of giving sufficient opportunity to the counsel for the respondent
No.2, respondent No.2 has not submitted the arguments.

On
perusal of the records, it reveals that there is a civil dispute
between the complainant and petitioner. There was an agreement
7
Crl.Misc.No.551/2023
between the complainant and petitioner regarding sale of retail
readymade garments. That the petitioner has violated the terms
of agreement, then the complainant sustained loss of Rs.53.70
lakhs.

Therefore, she has filed the complaint stating that the
petitioner has committed the breach of contract and cheated the
complainant. Admittedly, the alleged offences are not punishable
with death or imprisonment for life.

Moreover, the alleged
offences are triable by the Court of Magistrate. However, the
petitioner has approached the Court seeking release on bil, but
the same was not considered by the Court and not passed the
order.

Therefore, the petitioner has approached this Court by
filing the above said application. As per the records, there is civil
contract between the complainant and the petitioner. Regarding
breach of contract and loss of amount of Rs.53.70 lakhs seems to
be civil in nature. However, the petitioner has approached the IV
ACMM Court seeking bail. The petitioner has made efforts to get
the bail from the competent Court, but yet to be allowed the same
as stated by the counsel for the petitioner. Therefore, considering
the entire averments of the petition and objection statement and
documents, this Court has opined that the petitioner is entitled for
bail and accordingly, I answer the above Point No.1 in the
Affirmative.
12. Point No.2:
In view of my finding on Point No.1, I
proceed to pass the following:
Crl.Misc.No.551/2023
8
ORDER
The anticipatory bail petition filed by the
petitioner under Section 438 of Cr.P.C is hereby
allowed.
The respondent police are hereby directed
to enlarge the petitioner on anticipatory bail in
the event of his arrest in Crime No.699/2015 of
respondent
Police
Station
for
the
offence
punishable under Section 406, 409 and 420 of
IPC on execution of his personal bond for
Rs.1,00,000/- with one surety for the like sum on
the following conditions:
1.That the petitioner 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.
2. That the petitioner shall mark his
attendance once in 30 days preferably on 2 nd
Saturday in between 10.00 AM to 5.00 PM
before the Jurisdictional Police till filing the final
report.
3. That the petitioner shall not hold any
threat to the complainant and shall not tamper
with any of the prosecution witnesses directly or
indirectly.

9
Crl.Misc.No.551/2023
4. That the petitioner shall furnish his
residential address proof and that of his surety.
5. That the petitioner shall not indulge in
similar type of offences in future.
6. That the petitioner shall appear before the
trial court regularly without fail on receipt of the
summons.
7. That if the petitioner fails to obey any of
the above said conditions, then this bail order
automatically stands canceled.
(Dictated to the Judgment Writer, transcribed and typed by her, computerized
printout taken thereof is corrected, signed and then pronounced by me in Open
Court on this the 18 th day of April 2023)
(A. EARANNA)
LXII Addl. City Civil & Sessions Judge,
Bengaluru City.

Crl.Misc.No.551/2023
10
18.04.2023
Orders pronounced in Open Court (vide
separate Order).
ORDER
The anticipatory bail petition filed by
the petitioner under Section 438 of Cr.P.C
is hereby allowed.

Crl.Misc.No.551/2023
11
The respondent police are hereby
directed to enlarge the petitioner on
anticipatory bail in the event of his arrest
in Crime No.699/2015 of respondent
Police Station for the offence punishable
under Section 406, 409 and 420 of IPC
on execution of his personal bond for
Rs.1,00,000/- with one surety for the like
sum on the following conditions:
1.That the petitioner 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.
2. That the petitioner shall mark his
attendance once in 30 days preferably on
2nd Saturday in between 10.00 AM to 5.00
PM before the Jurisdictional Police till
filing the final report.
3. That the petitioner shall not hold
any threat to the complainant and shall
not tamper with any of the prosecution
witnesses directly or indirectly.
4. That the petitioner shall furnish his
residential address proof and that of his
surety.

Crl.Misc.No.551/2023
12
5. That the petitioner shall not
indulge in similar type of offences in
future.
6. That the petitioner shall appear
before the trial court regularly without fail
on receipt of the summons.
7. That if the petitioner fails to obey
any of the above said conditions, then
this
bail
order
automatically
stands
canceled.
LXII A.C.C. & S.J, Bengaluru City.

13
Crl.Misc.No.551/2023