KABC010079792024 IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.No.68) PRESENT SRI. KASHIM CHURIKHAN, B.A., LL.M. LXVII Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 4th day of April 2024 Crl.Misc.No.2 842 /2024 Petitioner: Deepak N. @ Deepak Gowda, S/o Narasimha H.N, Aged about 29 years, R/at No.72, Near BGS International school, Gangasandra, Kengeri, Bengaluru60. (By Sri. H.K, Adv.) -Vs- Respondent: State by Magadi Road Police, Bengaluru. (By learned PP) ORDER ON BAIL PETITION This is bail petition u/s.438 of Cr.P.C, filed by the learned counsel for the petitioner seeking anticipatory bail to the petitioner in the event of his arrest in Cr.No.84/2024 of the respondentMagadi Road Police Station, Bengaluru registered for the offences 2 Crl.Misc.No.2842/2024 punishable u/s.506, 504, 384 of IPC, pending on the file of learned 2nd A.C.M.M, Bengaluru.

2. The brief facts of the case are as under:

The informant has lodged the report to the Police stating that he had constructed 4 floors building at West of Chord Road in the year 2014. The accused has lodged complaint before the concerned department alleging that the informant has constructed unauthorized building, and in this regard, he has demanded money and threatened the informant. Hence, the informant lodged complaint against petitioner and others before the Magadi Road Police. To counter the said case, the petitioner has lodged complaint before the Karnataka State Pollution Board and Sub-Register Office, Rajajinagar on 27.03.2024. On the same day when the informant visited the Sub- Register office, the petitioner threatened to give Rs.85 lakh or otherwise, he would not allow him to sell single property of informant. It is also alleged that the petitioner has also abused him in filthy words and threatened to demolish his building.

3. In the bail petition, the petitioner has contended

that there are no specific allegations against the petitioner. There is no prima-facie case against the petitioner. He has been implication in the crime on the basis of presumption of facts and circumstances of the 3 Crl.Misc.No.2842/2024 case. There is inordinate delay of 19 days in lodging the complaint. The petitioner has no bad antecedents. He hails from respectable family and he is permanent. The alleged offence is not punishable with imprisonment for life or death. The petitioner is ready and willing to abide the terms and conditions those going to be imposed by this Court and ready to offer surety to the satisfaction of the Court, if anticipatory bail is granted. Hence, the counsel for petitioner sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that the investigation is yet to be completed. There are prima-facie materials as to the commission of alleged offences. The petitioner has not assigned any genuine reasons for granting bail. The petitioner is absconding from the date of commission of alleged offences. At this stage, if the petitioner is enlarged on anticipatory bail, he may be threaten the prosecution witnesses, destroy the prosecution evidence and hamper the investigation by fleeing away from justice. Hence, sought for rejection of the bail petition.

5. Heard.

6. The points raised for determination are as under:

1. Whether the petitioner has made out sufficient grounds to enlarge him on anticipatory bail? 4 Crl.Misc.No.2842/2024

2. What Order?

7. My findings to the above points are as under:

Point No.1: Affirmative, Point No.2: As per the final order, for the following: R E A S O N S

8. P oint No.1 : The case of the prosecution is that

the accused with intention to extract money from the informant, he has demanded Rs.85 lakh from informant and also threatened him to demolish his buildings if he did not give the amount. The same has been denied by the learned counsel for the petitioner.

9. It is submitted by the learned counsel for this

petitioner that the petitioner has given requisition before the government department about illegal and unauthorized construction made by the informant. To counter blast the complaint filed by the petitioner, this false case has been registered by the petitioner by using his monetary influence. Hence, prays to allow the bail petition.

10. The learned Public Prosecutor has submitted that

to extract money from the informant, this petitioner has threatened him to demolish his building by giving complaint against him. Prays to dismiss the bail petition. 5 Crl.Misc.No.2842/2024

11. The alleged facts are all to be proved in full

fledged trial with authenticated testimony of the prosecution witnesses. That apart, securing the accused for the purpose of investigation and trial are the criteria to grant bail. It reveals from the records that the co-accused are already enlarged on bail by the trial Court. The offences alleged against the petitioner are not punishable with either death or imprisonment for life. The apprehension of the petitioner as to likelihood of his arrest by the respondent Police is well founded. The petitioner has undertaken to abide the bail conditions and ready to furnish surety for his due appearance before the Investigating Officer as well as before the Court for the purpose of trial. The apprehension of prosecution could be dealt with by imposing some conditions. Therefore, the petitioner is entitled for anticipatory bail. Accordingly, I answer the Point No.1 in the affirmative.

12. Point No.2 : My finding on this point is as per the

following: O R D E R The bail petition filed by the petitioner u/s.438 Cr.P.C., is hereby allowed, subject to the following conditions:

1. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.84/2024 of the respondentMagadi Road Police Station, Bengaluru on executing his 6 Crl.Misc.No.2842/2024

bond for a sum of Rs.1,00,000/- along with one surety for like sum;

2. The petitioner shall appear before the Investigating Officer within 15 days from the date of this order and to assist him in investigation as and when required;

3. The petitioner shall appear before the trial Court on all the hearing dates;

4. The petitioner shall not tamper with the prosecution witnesses;

5. The petitioner shall not indulge in committing any offences.

(Dictated to the Stenographer Grade-I directly on Computer, corrected, signed and then pronounced by me in the open court on this the 4th day of April 2024) (Kashim Churikhan) LXVII Addl. City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.16 12:57:07 +0530