KABC010017652023
Presented on : 18-01-2023
Registered on : 18-01-2023
Decided on : 27-01-2023
Duration : 0 years, 0 months, 9 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH67)
DATED: This the 27th day of January, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 567 of 2023
Petitioner :
K.V.Raman,
s/o late Maheshwarappa,
Aged about 83 years,
R/at No.338, 2nd Main Road,
5th Cross, KRS Gowda Extension,
Near OM Timbers, HMT Layout,
Nagasandra Post,
Bengaluru 560073.
(By Sri.R.Chandrakumar, Adv.)
/Vs/
Respondent :
State by:
Peenya Police Station,
2
Crl.Misc.No.567/2023
Bengaluru.
(By Public Prosecutor.)
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
This petition is filed by the petitioner/ accused under
Section 438 Cr.P.C seeking anticipatory bail in the event of
his arrest in Cr.No.329/2022 registered for the offences
punishable under Section 420 IPC
police
pending
on
the
file
of
by the respondent
31st
Additional
Chief
Metropolitan Magistrate, Bengaluru.
2.
The petitioners case in brief are as follows:
The petitioner is innocent of the offence alleged. He
is a senor citizen and illiterate.
Believing the words of
accused No.2 and officials of Mahila Cooperative Bank,
after taking opinion from the advocate, he has purchased
the house property from accused No.2 and paid huge
amount. At the time of purchase, he has visited the house
and made enquiry with accused No.2. Accused Nos.1 to 4
have disclosed that Sundaresh died as a bachelor, after his
death, accused Nos.1, 2 and 4 become the owners and on
9.8.0217 accused Nos.1 and 4 executed release deed in
3
Crl.Misc.No.567/2023
favour of accused No.2. As such he has purchased the
property.
The petitioner has no knowledge about the
relationship between complainant and deceased. The suit
in OS.7144/2022 has been filed, he is ready and willing to
abide by the conditions and prayed for allowing the
petition.
3. The learned Public Prosecutor filed objections that
the petitioner and other accused persons has cheated the
complainant and fraudulent sale deed was executed in
favour of petitioner without disclosing complainant is one
of the legal heir of Sundaresh. The investigation is pending,
if the petitioner is granted bail he may abscond from the
case and prayed for dismissal.
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 petitioner is entitled
for anticipatory bail ?
Point No.2: What Order?
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Crl.Misc.No.567/2023
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
complainant
It is alleged in the complaint that,
has
married
one
Sundaresh,
on
14.9.1997 from their wedlock Kum.Soujanya was born to
them. Site No.338 was gifted to her husband by her father
in law T.Subramanyan. Her husband had borrowed loan
and constructed house.
The husband was died on
7.5.2012, later on her daughter was also died on
11.7.2013. Subsequently, the complainant has started to
live with her parents house and she got job. The accused
Nos.1 and 2 have cleared bank loan of her husband and
collected the original documents from the bank and kept in
their custody. Recently, she came to know accused
No.5/petitioner residing in the said house, she came to
know that accused No.2 and others fraudulently, executed
sale deed in favour of accused No.5. showing that the
5
Sundaresh
died
as
a
Crl.Misc.No.567/2023
bachelor
and
cheated
the
complainant. Thereby the respondent police registered the
case under Section 420 IPC.
8. It appears from the material that the complainant
has filed suit for partition in OS.7144/2022 against
accused Nos.1 to 5.
According to petitioner, he has no
knowledge about the complainant is the legal heir of
Sundaresh, he believed the version of accused No.2 and his
family members and purchased bonafidely and paid huge
amount. It is also his case he has no knowledge about the
suit filed by the complainant.
It appears the accused
No.5/petitioner has also obtained a legal opinion. At this
stage no material to show that the petitioner was aware of
the complainant right in the house and with intention to
cheat her purchased the site belongs to her husband. It
appears the transaction is civil in nature in so for as
petitioner is concerned.
9. The petitioner is a senior citizen aged about 83
years. The offence alleged is not punishable with death or
life imprisonment triable by Magistrate. The petitioner has
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Crl.Misc.No.567/2023
also produced medical records showing that he is suffering
from age old illness. The custodial interrogation of
petitioner may not be required, as it appears he is also
victim at the hands of accused No.2 and his family
members. Under the circumstances, he is entitled for
anticipatory
bail.
Accordingly
answer
point
No.1
in
Affirmative.
10. POINT No.2: In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
petitioner/K.V.Raman,
filed
by
the
under
Section
438
Cr.P.C. is allowed.
The petitioner is ordered to be released on
anticipatory bail in the event of his arrest in
Cr.No.329/2022 of respondent police for the
offences punishable under Section 420 IPC
pending on file of 31 st ACMM, Bengaluru on
execution of personal bond for Rs.50,000/
with one surety for likesum to the satisfaction
of
investigation
conditions.
officer
on
following
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Crl.Misc.No.567/2023
1. The petitioner shall appear before IO on or
before
13.2.2023
for
the
purpose
of
investigation.
2. The petitioner shall not threaten the
witnesses and destroy the evidence in any
manner.
3. The petitioner shall appear before the trial
Court regularly on all dates of hearing
without fail.
4.
If any of the conditions are violated the
bail order deems to have been canceled.
(Typed to my online dictation by the Judgment writer, corrected
by me and then pronounced in the open Court on this the 27 th day of
January 2023).
(S. NATARAJ),
LXVI Addl. CC & SJ, Bengaluru.
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Crl.Misc.No.567/2023
The Order is pronounced in the
open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/K.V.Raman, under
Section 438 Cr.P.C. is allowed.
The petitioner is ordered
to be released on anticipatory
bail in the event of his arrest
in
Cr.No.329/2022
of
respondent police for the
offences
punishable
under
Section 420 IPC
pending on
file of 31st ACMM, Bengaluru
on execution of personal bond
for Rs.50,000/
with one
surety for likesum to the
satisfaction of investigation
officer on following conditions.
1. The petitioner shall appear
before
IO on
or before
13.2.2023 for the purpose of
investigation.
2. The petitioner shall not
threaten the witnesses and
destroy the evidence in any
manner.
3. The petitioner shall appear
before the trial Court regularly
on all dates of hearing without
fail.
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Crl.Misc.No.567/2023
4. If any of the conditions are
violated the bail order deems
to have been canceled.
LXVI Addl. CC & SJ,
Bangalore.