Crl.Misc.No.8021/2023
1
KABC010221842023
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
:Present :
Sri. T.Govindaiah, B.Com, LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 29th Day of August, 2023.
Crl.Misc.No.8021/2023
PETITIONERS
1.

Dayanand Swamy
S/o Gangaiah
Aged about 56 years
R/at No.10, 15th Cross,
Cholurpalya, Magadi Road
Bengaluru н560 023
2.

Eeranayya @ Hiranaiah
S/o Rajgopal
Aged about 68 years
R/at No.10, 15th Cross,
Cholurpalya, Magadi Road,
Bengaluru н560 023
3.

Prakash J
S/o late Javaraiah
Aged about 56 years
R/at No.89, 3rd Main Road,
New Binny Layout,
Bengaluru н560 023
(By Sri.A.Ramachdra Advocate)
Crl.Misc.No.8021/2023
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V/s
State of Karnataka
By: Subramanyapura
Police Station,
Bengaluru.

RESPONDENT
(Rep. by: Public Prosecutor)
ORDER
This is a petition filed under Section 438 of Cr.P.C. on
behalf of the Petitioners praying to grant anticipatory bail, in
the event of their arrest in Crime No.57/2023 registered by
the respondent police for the offences punishable under
Sections 506, 406, 420, 468, 471, 405 of IPC on the file of IV
ACMM, Bangalore.
2.

The petitioners have sought for anticipatory bail
on the grounds that, they are innocent. They have not
committed any offence. They have got valid and tenable
defence. They have been falsely implicated. The offences
alleged are not нbailable and are not punishable with death or
life imprisonment.

They are permanent resident of the
address mentioned in the cause title. They are law abiding
and peace loving citizens.

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Crl.Misc.No.8021/2023
3. On the other hand, the Learned Public Prosecutor
filed objections narrating the facts of the case. Further prima
facie prosecution papers discloses the involvement of the
petitioners in the alleged offence. If the petitioners are granted
the relief they may abscond and it causes delay in trial. They
may threaten the prosecution witnesses and evidence. They
may commit similar nature of offence. Hence, prayed to reject
the petition.
4.

Heard the arguments of both sides.

5.

The following points arise for my determination:н
1. Whether the petitioners are entitled for
anticipatory bail as provided under
Section 438 of Cr.P.C.?

2. What order?
6.

My findings on the above said points are as
follows;
Point No.1
:
In the Affirmative
Point No.2
:
As per final order for the
following :н
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Crl.Misc.No.8021/2023
REASONS
7.

Point No.1:н the complainant had filed a private
complaint in PCR No.10290/2022 against the petitioners,
alleging that one Mill named Binny Woollen Cotton and silk
mill. The mill was set up by Binny and company and had
thousands of workers working in it. The mill also had a
residential layout and had set up quarters for the stay of their
employees and their family. Since 1980 there was a fall in the
performance of the mill that affected employee’s living
standards. An association was formed in the name of
Binnypete Nivasigala Seva Snagha. The BDA and Urban
development Body of the City of Bengaluru, had introduced
certain schemes, whereby bult allotments of sites were made
for distribution among the group or the association members.
The Binnypete Nivasigala Seva Sangh was formed for one
such cause and a representation was given to the BDA, the
BDA processed the request for the allotments of the sites to
the employees of Binny Mill. With this the Sangha began
collecting a sum of Rs.10,000/н for the sites from the
members, as a request the installment schemes were also
Crl.Misc.No.8021/2023
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offered. The fatherнinнlaw of complainant was the employee of
the Binny mill. After working approximate 45 years. Since the
fatherнiнlaw of complainant was one of the residents of the
quarters provided for the employees of the Binny mill, has
paid the money to the sangha, for which the receipt was
issued to him for having been paid a sum of Rs.4,500/н.
Thereafter some members of the sangha were died and some
members have aged. Old members of the sangha were died
and their sons i.e. petitioners were running the sangha and
were registered the old sangh and got allotted 1 acre 34.22
guntas and 0.25.85 guntas from BDA during 2018 in
Sy.No.54, 53/2, 53/1A and 53/1B at Vasanthapura village.
The petitioners have not allotted the sites to the members and
illegally sold the sites to other persons and cheated them.
After coming to know the alleged incident, when the members
asked
the
petitioners
they
threatened
them
with
dire
consequences. Hence the complainant filed the complaint
against the petitioners.

Crl.Misc.No.8021/2023
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8.
have
The petitioners claims that they are innocent and
not
committed
any
offences
as
claimed
by
the
complainant. They have been falsely implicated in the present
case without having any sufficient reasons.

They are
permanent residents of the address mentioned in the cause
title. They are law biding citizens and have got no bad
antecedents. The alleged dispute is civil in nature. The
petitioners undertakes to abide by any conditions and to
furnish surety. Considering all these aspects, I am of the view
that there are reasonable and sufficient grounds to grant
anticipatory bail to the petitioners.

9.

Further, the offences alleged even though nonн
bailable they are not punishable with death or imprisonment
for life. The said offences are triable by Court of Magistrate.
Under
these
circumstances,
the
apprehension
of
the
prosecution may be root out by imposing stringent conditions
on the petitioners. As such, there are sufficient grounds
which warrants this Court to enlarge the petitioners on
Crl.Misc.No.8021/2023
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anticipatory
bail.

Accordingly, I answer
point No.1
in
Affirmative.

10. Point No.2: In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioners
under Section 438 of Cr.P.C., is hereby
allowed.
The petitioners are ordered to be
released on bail in the event of their arrest
in Cr. No.57/2023
respondent
police
registered by the
for
the
offences
punishable under Sections 506, 406, 420,
468, 471, 405 of
IPC on the file of IV
ACMM, Bangalore subject to the following
conditions:н
1) The petitioners shall execute personalн
bond for Rs.1,00,000/н each with two
sureties for the likeнsum.

Crl.Misc.No.8021/2023
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2) The petitioners shall appear before the
IV Addl. Chief Metropolitan Magistrate,
Bengaluru and shall execute the personal
bond and furnish surety as above within
15 days from the date of this order.
3)
The petitioners shall coнoperate with
the investigating officer and shall appear
before the IO as and when called for.
4) The petitioners shall appear before court
regularly.
5)
The petitioners shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the
facts of the case or tamper with the
evidence.

6) The petitioners shall not get involved in
any criminal activities.
7)
The
petitioners
shall
furnish
their
residential address proof.
8) The petitioners shall not leave the
jurisdiction without prior permission.

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Crl.Misc.No.8021/2023
If violation of any conditions amounts
to cancellation of bail automatically.
(Typed to my on line dictation by Stenographer, corrected, signed
and then pronounced by me in the Open Court on this 29 th day of
August, 2023)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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Crl.Misc.No.8021/2023
Order pronounced in open Court
( Vide separate order)
ORDER
The petition filed by the
petitioners under Section 438 of
Cr.P.C., is hereby allowed.

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Crl.Misc.No.8021/2023
The petitioners are ordered to be
released on bail in the event of
their arrest in Cr. No.57/2023
registered by the respondent police
for the offences punishable under
Sections 506, 406, 420, 468, 471,
405 of IPC on the file of IV ACMM,
Bangalore subject to the following
conditions:н
1) The petitioners shall execute
personalнbond for Rs.1,00,000/н
each with two sureties for the likeн
sum.
2)
The petitioners shall appear
before
the
IV
Addl.
Chief
Metropolitan
Magistrate,
Bengaluru and shall execute the
personal bond and furnish surety
as above within 15 days from the
date of this order.
3) The petitioners shall coнoperate
with the investigating officer and
shall appear before the IO as and
when called for.
4) The petitioners shall appear
before court regularly.
5) The petitioners shall not directly
or indirectly make any inducement,
threat or promise to any person
acquainted with the facts of the
case or tamper with the evidence.
6) The petitioners shall not get
involved in any criminal activities.

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Crl.Misc.No.8021/2023
7) The petitioners shall furnish
their residential address proof.
8) The petitioners shall not leave
the jurisdiction without prior
permission.
If violation of any conditions
amounts to cancellation of bail
automatically.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.