KABC010214582023
Presented on : 10-08-2023
Registered on : 10-08-2023
Decided on : 19-08-2023
Duration : 0 years, 0 months, 9 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 19th day of August, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 7751 of 2023
Petitioners :
1. Deepraj Mishra
(dismissed
vide
17.8.2023)
order
2. Abdul Bari,
S/o Abdul Rahim,
Aged about 33 years.
3. Anjan Kumar,
S/o Lakshminarayana,
Aged about 33 years.
4. Bhaskar Jha,
S/o Phulendu Jha,
Aged about 33 years.

dated
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Crl.Misc.No.7751/2023
5. Ranjith,
S/o Ramesh Babu.B.
Aged about 28 years.
Petitioners 2 to 5 are having office at:
No.354, 5th Main,
Sharadamba Nagar,
Jalahalli, Bengaluru North,
Bengaluru 560 013.
(By Sri.Kapil Dixit, Adv.)
/Vs/
Respondent :
State by:
Viveknagar Police Station,
Bengaluru.
(By Public Prosecutor.)

ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioner Nos.2 to 5/accused filed bail petition under
Section 438 Cr.P.C seeking anticipatory bail in the event of
his arrest in Cr.No.117/2023 for the offences punishable
under Sections 120нB, 406, 420 of IPC registered by the
respondent.
2. The petitioner case in brief are as follows:
The petitioners are innocent of the offences alleged.
They have not committed the offences. The complainant
company has not kept up their promise as per the sale and
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Crl.Misc.No.7751/2023
purchase agreement. The petitioners 2 to 5 have started
Flybee Exim LLP Company, they are not at all involved in
the transaction. It was between Ritih Solutions and Royal
Trade company. Flybee Exim Company was supposed to
receive commission from Ritih solutions for getting deed
signed at their desired price. The petitioners have not
received any commission from the complainant company.
The
petitioners
are
apprehending
arrest
from
the
respondent police. The petitioners are ready and willing to
abide by the conditions. They are the permanent residents
of address shown in the cause title. The offences alleged
are not punishable with death or life imprisonment and
prayed to allow the petition.
3. The learned Public Prosecutor filed objections
along with report of IO contending that the petition is not
maintainable. The petitioners along with accused No.1.
have induced the complainant to transfer 1 ╜ crore
towards purchase of Wheet and Maida, on enquiry the
accused No.1 did not have the mill at Narasingpur and
cheated the complainant. The investigation is pending. If
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Crl.Misc.No.7751/2023
the petitioners are granted bail they may commit similar
offences, threaten the prosecution witnesses and destroy
the evidence. The custodial interrogation of the petitioners
is necessary and prayed to dismiss the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1:
Whether the petitioners
entitled for anticipatory bail ?

are
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1: the allegations in the FIR that the
complainant company Ritih Solutions had approached
Plybhee Exim and induced complainant for sale of Agro
products and gave proposal to the complainant company.
On 8.4.2023 the Flybee company has given proposal to sell
Crl.Misc.No.7751/2023
5
1 kg of Maida flour for Rs.24.50 and 1 kg of wheet flour
Rs.24.20,
the
complainant
purchase Rs.22.50 per kg.

company
had
offered
to
On 9.4.2023 the accused
persons have offered to supply for Rs.24.00 per kg and
9000 metric tons and executed letter of indent to Royal
Trade Company. As per the inducement of the accuse d
persons the complainant company in all transferred Rs.1╜
crore to accused No.1. On 25.6.2023 complainant company
CEO has visited Narasingpur, they did not find the accused
mill. The accused persons in conspiracy have offered to sell
maida flour and wheet flour and collected 1╜ crore and
cheated the complainant. On the basis of said allegations
the respondent police registered the case under sections
120нB, 405, 420 IPC.
8. It appears from the allegations in the complaint the
accused No.1 has allegedly collected Rs.1/╜
crore from
the complainant company. The petitioners 2 to 5 who have
offered is supposed to receive commission from Ritih
Solutions for getting deal signed at their desired price. The
petitioners are young in age. They have not received any
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Crl.Misc.No.7751/2023
commission from the complainant. Whether the petitioners
in conspiracy with accused No.1 have induced the
complainant to pay Rs.1 ╜ crore to accused No.1 and
without supplying the products cheated the complainant or
not is a matter of investigation and trial. The custodial
interrogation of the petitioners may not be required.
Accused No.1 is already arrested and he has been taken for
police custody. The apprehension of prosecution could be
met by imposing suitable conditions. Considering the
guidelines of HonТble Apex Court in Satender Kumar
Antil Vs CBI 2022 SCC OnLine SC 825 and facts and
circumstances of the case, nature and gravity of the offence
and accusation leveled against the petitioner, he is entitled
for anticipatory bail.

Accordingly answer point in the
affirmative.

9. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order.

Crl.Misc.No.7751/2023
7
ORDER
The
petition
filed
by
the
petitioners/
accused Ц 2/Abdul Bari, 3/Anjan Kumar,
4/Bhaskar Jha and 5/Ranjith under Section
438 Cr.P.C. is allowed.
The petitioners are ordered to be released
on anticipatory bail in the event of their
arrest
in
Cr.No.117/2023
registered
by
respondent under Sections 120B, 406, 420
of IPC on execution of personal bond for
Rs.50,000/н each with one surety for the like
sum to the satisfaction of the Investigation
Officer subject to following conditions.
1. The petitioners/accused shall appear before
the IO on or before 30.08.2023 and
thereafter as and when called upon for the
purpose of investigation.
2. The petitioners/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The petitioners/accused shall regularly
appear before the concerned Court as and
when called for.
4. Petitioners/accused shall not commit similar
offences.

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Crl.Misc.No.7751/2023
If any of the conditions are violated the
prosecution is at liberty to move for cancellation
of bail.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 19th day of August, 2023).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.7751/2023
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioners/ accused Ц 2/Abdul
Bari,
3/Anjan
Kumar,
4/Bhaskar Jha and 5/Ranjith
under Section 438 Cr.P.C. is
allowed.
The petitioners are ordered
to be released on anticipatory
bail in the event of their arrest in
Cr.No.117/2023 registered by
respondent
under
Sections
120B, 406, 420 of IPC on
execution of personal bond for
Rs.50,000/н each with one
surety for the like sum to the
satisfaction of the Investigation
Officer subject to following
conditions.
1. The petitioners/accused shall
appear before the IO on or before
30.08.2023 and thereafter as
and when called upon for the
purpose of investigation.
2. The petitioners/accused shall
not threat the complainant or
prosecution witnesses in any
manner directly or indirectly.

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Crl.Misc.No.7751/2023
3. The petitioners/accused shall
regularly appear before the
concerned Court as and when
called for.
4. Petitioners/accused shall not
commit similar offences.
If any of the conditions are
violated the prosecution is at
liberty to move for cancellation
of bail.
LXVI Addl.CC & SJ,
Bangalore.

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Crl.Misc.No.7751/2023