KABC010230172023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 4th day of September 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.8381/2023
PETITIONER
Chandrashekar.G
S/o Gangadharaiah.N,
Aged about 42 years,
Residing at No.21,
Ground Floor, NGEP60,
Honnappa Layout,
Near Kenagunte, Mallathahalli,
Bengaluru Ц 560 056.

:
(By Sri.M.K.Niyazuddin,
Advocate)
– Vs RESPONDENT
:
State by Kalasipalya Police
Station, Bengaluru.
(By Public Prosecutor)
2
Crl.Misc.No.8381/2023
ORDER
The petitioner has filed this petition u/s 438 of
Cr.P.C. for release on bail in the event of his arrest in
connection with a case registered in Cr.No.46/2023 for
the offence punishable u/s 379 of IPC.
2.

It is stated in the bail application that the
petitioner has not committed any offences as alleged in
the complaint.

The petitioner is the RC owner of the
TATA Super Ace vehicle bearing Reg. No.KA-41/B-5180.
The petitioner obtained the loan of Rs.3,30,000/- from
the HDFC Bank for purchase of the vehicle. The HDFC
Bank filed a case against the petitioner u/s 138 of NI
Act
before
the
26th
ACMM,
Bengaluru
in
CC
No.25029/2018 and the said case is disposed on
08.02.2023 after making payment by the petitioner.
The petitioner is not aware of the alleged auction sale
made by the HDFC Bank to the complainant. He is the
permanent resident of Bengaluru. He is ready and
willing to abide by the terms and conditions imposed
while releasing him on bail. In view of registering of FIR,
he apprehends his arrest. Hence, prayed to grant
anticipatory bail.
3.

The learned P.P. has opposed the bail application
3
Crl.Misc.No.8381/2023
by filing the objections statement. According to him, the
materials collected during the investigation prima-facie
disclose that the petitioner has committed the offences
alleged against him. Hence, prayed to dismiss the bail
petition filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
materials placed on record.
5.

The points that arise for my consideration are:
1. Whether the petitioner is entitled for
anticipatory bail as prayed in the
application filed under Sec.438 of Cr.P.C.?
2. What order?

6.

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

Point No.1:- One Mr.Asgar Pasha lodged a private
complaint before the learned 8th ACMM, Bengaluru in
PCR No.2445/2023 against the petitioner alleging that
he has purchased TATA Super Ace vehicle bearing
No.KA-41/B-5180 in auction proceedings held by the
HDFC Bank for consideration of Rs.1,06,000/- on
18.01.2023 and taken the possession of the vehicle
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Crl.Misc.No.8381/2023
from the Bank on the same day i.e., on 18.01.2023,
received all the documents from the Bank and parked
the vehicle in front of his house. On 25.01.2023, the
petitioner took the said vehicle which was parked in
front of the house of the complainant. Subsequently,
the complainant called the petitioner and got confirmed
about taking of vehicle.

The complainant filed the
complaint before the Kalasipalya Police, but the Police
not properly responded and not registered the case.
Hence, the complainant filed PCR before the 8th ACMM,
Bengaluru.

After registering as PCR, the learned 8 th
ACMM, Bengaluru, referred the complaint to the
respondent/Police for investigation. On the basis of the
same, respondent police has registered FIR against the
petitioner for the offence punishable u/s 379 of IPC.
8.

At the outset it is material to note that the offence
alleged is though non bailable in nature but is not
punishable with death or life imprisonment. The
petitioner claims to be the R C owner of the vehicle.
The involvement and commission of the offence by the
petitioner is yet to be proved. The truth is to be
ascertained during the course of trial. The offence
alleged against the petitioner is triable by Magistrate.
As per the averments of bail application, the petitioner
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Crl.Misc.No.8381/2023
is the permanent resident of the address shown in the
petition. He is ready to furnish the surety and ready to
abide by the conditions that may be imposed by this
Court on him. The offence alleged against the petitioner
is cognizable offences and as per the provisions of
Cr.P.C. the I.O. may arrest the petitioner without
warrant. The apprehension of the prosecution can be
taken care of by putting suitable conditions. Having
regards to the facts and circumstances of the case,
gravity of the offences alleged, the petitioner is the
permanent
resident
of
Bengaluru,
punishment
prescribed for them and apprehension of the arrest of
the petitioner by the I.O. in the considered opinion of
this Court the petitioner is entitled to grant anticipatory
bail by imposing appropriate conditions. Accordingly, I
answer this point in the affirmative.
9.

Point No.2:- In view of my findings on Point No.1,
I proceed to pass the following;
ORDER
The bail petition filed by petitioner u/s 438 of
Cr.P.C is hereby allowed and anticipatory bail is
granted.
In the event of his arrest by the I.O. in Crime
6
Crl.Misc.No.8381/2023
No.46/2023 of Kalasipalya Police Station, is
directed to enlarge him on bail on executing his
personal bond for Rs.60,000/- with one surety for
like sum subject to following conditions:
1. Petitioner shall appear before the respondent
police within 20 days from the date of this
order.
2. Petitioner shall not tamper with
prosecution witnesses in any manner.

the
3. Petitioner shall appear before the Court
during trial and co-operate for the disposal
of the case.
4. Petitioner shall not commit similar to the
offence alleged against him.
5. Petitioner shall appear before the I.O. as and
when called for investigation.
6. Petitioner shall furnish the attested copy of
the Adhaar card and present residential
address proof to the I.O.
Notwithstanding
this
order
of
anticipatory bail do not in any manner limit
or restrict the rights and duties of the police
or investigating agency, to investigate into
the charges against the petitioner.
(Dictated to the Judgment Writer directly on Computer, typed
by her, taken print out, corrected by me and then pronounced in the
open Court on this the 4th day of September 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.