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Crl.Misc.No.552/2023
KABC010017352023
IN THE COURT OF THE LIX ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-60) AT BENGALURU)
Dated this 27 th day of January, 2023
-: P R E S E N T :Sri.Sadananda Nagappa Naik,B.A.L, L.L.B.,
LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-60 BENGALURU CITY.
Crl.Misc.No.552/2023
PETITIONER
:
Charan Raj G.K.
S/o. Krishnappa
Aged about 23 years,
R/at. Gowdanahalli,
Sidlaghatta Taluk,
Chikkaballapur Ц 562 105.
(By Sri. Gururaj K. Advocate)
Vs
RESPONDENT
:
The State of Karnataka by
Adugodi Police Station,
Bengaluru.
(Rep. By Learned Public Prosecutor)
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Crl.Misc.No.552/2023
ORDER ON BAIL APPLICATION FILED
U/S.438 OF CR.P.C.
The petitioner has filed this petition U/s.438 of
Cr.P.C., seeking the relief of anticipatory bail in the event of
his arrest in Crime No.16/2023 of respondent police
station, registered for the offences punishable under
Sections 468, 471, 420 of IPC, pending on the file of 6 th
ACMM, Bengaluru.
2.

In the petition, the petitioner has contended
that he is absolutely innocent of the alleged offences and
has been falsely implicated in the alleged offences.

The
petitioner is the victim in the entire case as he has been
fraudulently deceived by the third parties and there are no
materials to show the petitioner is involved in he cheating
and fraud.

The petitioner is a MBA graduate and is an
aspirant to get into Public Services and to serve the nation.
If he is brought into the said case, his entire career will be
marred. He is he only bread earner for the entire family.
The petitioner hails from the respectable family and has got
strong deep roots in the society. There is no apprehension
of his abscondance or hampering the prosecution case.
The petitioner is ready and willing to abide by any
conditions that may be imposed by this court and also
ready to furnish surety to the satisfaction of this court. On
these grounds, the petitioner sought for anticipatory bail.

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Crl.Misc.No.552/2023
3. The learned Public Prosecutor appearing for the
State has filed statement of objections reiterating the
allegations
made
in
the
complaint.

He
has
further
contended that there is a prima-facie case against the
present petitioner and as such, he is not entitled for bail.
If he is enlarged on bail at this stage, he may permanently
abscond and may tamper the prosecution witnesses and
hamper the prosecution case. Accordingly, the prosecution
prayed to reject the petition.

4.

I have heard the arguments advanced by the
learned counsel appearing for the petitioner and learned
Public Prosecutor.
5.

The
points
that
would
arise
for
entitled
for
consideration are:
1)
Whether
the
petitioner
is
anticipatory bail at this stage?
2) What order?

6.

My finding on the above points are follows:
Point No.1: In the Affirmative
Point No.2: As per final order,
for the following:
my
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Crl.Misc.No.552/2023
REASONS
7.

Point
No.1:
One
Sri.

Lokesh
K.,
Superintendent of KMF, Bengaluru has lodged a complaint
alleging that there was an announcement for Direct
Recruitment
of
various
posts
by
notification
dated
20.10.2022 and there was a written examination on
18.12.2022 at 10.00 AM to 12.00 Noon and from 3.00 PM.,
to 5.00 PM., held through Institute of Management at 9
universities and colleges at Bengaluru. On the same day
evening, the key answers were released in the said website. This being the case, it was noticed that there was a
fake document viz., the fake order copy pertaining to the
said appointment in the name of petitioner.

In the said
fake order copy, the name of the Institution, Karnatake
State Emblem and the signature of DPR Secretary,
Vidhana Soudha, Govt. of Karnataka was seen. It was also
noticed that a fake document stating that training will be
given to Charan Raj from KMF directors.

Based on the
said allegations, a case in Crime No.16/2023 has been
registered by the respondent-police against the accused
persons for the offences punishable u/Secs.468, 471, 420
of IPC.
8.

The
learned
counsel
for
the
petitioner
submitted that the petitioner is innocent of the alleged
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Crl.Misc.No.552/2023
offences and he is apprehending his arrest at the hands of
the respondent police. The petitioner hails from the
respectable family. The petitioner is ready to abide by any
conditions that may be imposed in the event of his
enlargement on bail. Hence prayed to allow the petition.
9.

Per contra,
the
learned Public Prosecutor
submits that the petitioner is not entitled to be enlarged on
anticipatory bail. If the petitioner is released on bail, he
may tamper the prosecution witnesses and abscond
permanently and may hamper the investigation. Therefore,
at this stage, the petitioner is not entitled to be released on
anticipatory bail.

10.

On perusal of the entire materials on record,
the only allegation against the petitioner in the complaint
is that accused No.1 Prakash has made an agreement with
the present petitioner for providing a job in KMF. The main
allegation appears to be against the accused No.1 only.
Further, the present petitioner appears to be victim
himself. Whether the petitioner has committed the offence
as alleged or not is a matter of trial. The apprehension of
the prosecution that the petitioner may flee from justice,
tamper
the
prosecution
witnesses
and
hamper
the
prosecution case in case of his release on bail can be
safeguarded by imposing stringent conditions. Therefore,
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Crl.Misc.No.552/2023
the petitioner is entitled for grant of bail. Accordingly, I
answer Point No.1 in the affirmative.
11.

POINT NO.2: In view of findings on the above
point, following order is made:
OR D E R
The
bail
petition
filed
by
the
petitioner
U/Sec.438 Cr.P.C, is hereby allowed.
In the event of arrest of petitioner by the
respondent police in Crime No.16/2023, registered for
the offences punishable under sections 468, 471 and
420 of IPC, the respondent police are hereby directed to
release the petitioner on anticipatory bail on his
executing a personal bond for Rs.50,000/- with two
sureties for the like-sum, subject to the following
conditions:
1. The petitioner shall co-operate for investigation with
Investigating Officer and shall co-operate with the
Court for completion of trial of the case.
2. The petitioner 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 him from disclosing such facts to the Court
or to any police officer.

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Crl.Misc.No.552/2023
3. The petitioner shall not commit the offences of
similar nature.
4. In the event any changes in the residential
addresses, petitioner and his sureties shall intimate
the same to the trial court immediately without fail.
In case of violation of any one of the aforesaid
conditions, bail granted herein shall automatically
stands cancelled.
(Dictated to the Judgment Writer directly on computer, print
out taken by her is corrected, signed and then pronounced
by me in the open court on this the 27 st day of January,
2023).

(Sadananda Nagappa Naik)
LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
CCH-60, BENGALURU CITY.