KABC010016172023
IN THE COURT OF THE LII ADDL. CITY CIVIL & SESSIONS
JUDGE, BANGALORE (CCH-53)
Dated this the 20th day of January, 2023
PRESENT
Sri.B.G.Pramoda, B.A.L., LL.B.,
LII Addl. City Civil & Sessions Judge,
Bangalore.
Crl.Misc.No.518/2023
Petitioner:
Sri.M.Vasu
S/o Murugesh,
Aged about 59 years,
R/at No.30, 9th ‘B’ Main Road,
Mariyappanapalya,
Cottonpet, Bengaluru-560023.
(Accused No.3)
(By Smt.K.N.Nagarathna, Advocate)
-V/S-
Respondent :
State of Karnataka by
Peenya police station,
Bengaluru.
(Represented
Prosecutor)
by
learned
Public
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Crl.Misc.No.518/2023
ORDER
This petition is filed by the petitioner u/Sec.438 of Cr.P.C.,
praying to grant anticipatory bail to them in the event of his arrest
by respondent police in Crime No.116/2021 (19023/2021) of
Peenya police station for the offences punishable u/Sec.420 and
506 r/w Sec.34 of IPC, pending on the file of 31 st ACMM,
Bengaluru.
2.

It is stated in the petition that the respondent police
have filed charge sheet against the petitioner and others before
learned 31st ACMM, Bengaluru alleging the offences punishable
u/Sec.420 and 506 r/w Sec.34 of IPC. The petitioner is shown as
accused No.3 in the charge sheet. The Learned Magistrate has
registered criminal case in CC.No.19023/2021 against the
petitioner and others. It is further stated in the petition that the
petitioner is innocent and he has not committed any offences as
alleged against him. The petitioner has been falsely implicated in
the aforesaid crime number. The petitioner is the permanent
resident of Bengaluru City. The petitioner hail from respectable
family. The petitioner has got deep roots in the society. The
petitioner is sole earning member of his family. The petitioner has
to look after his aged parents, brothers and sisters. The
respondent police are making hectic efforts to arrest the petitioner
in this case. The petitioner is ready to abide by any terms and
conditions that may be imposed by the court for his enlargement
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Crl.Misc.No.518/2023
on bail. The petitioner is ready and willing to offer surety to the
satisfaction of the court. Hence, the petitioner has prayed to allow
the petition.
3. The learned Public Prosecutor has filed the objection to
the petition along with I.O. report by opposing the grant of
anticipatory bail to the petitioner on the ground that the offences
alleged to have been committed by the petitioner are grave in
nature and against to society. It is further stated in the objection
that the petitioner and other accused with common intention have
received Rs.5,00,000/- from the informant and persons by
promising that they will provide loan to them and thereby cheated
them and mis-utilized the said amount. It is further stated in the
objection that if the petitioner are enlarged on bail, they may
abscond and they may not appear before court and they may
delay the trial of the case. The petitioner may threaten the
informant and other prosecution witnesses. The petitioner may
commit similar offences in future. It is further stated in the
objections that if the petitioner is enlarged on bail, it would be
difficult to secure his presence during trial. Hence, the Learned
Public Prosecutor has prayed to reject the petition filed by the
petitioner.
4. Heard the arguments of Learned Public Prosecutor and
Learned counsel for the petitioner. Perused the petition, objection
and other materials on record.

Crl.Misc.No.518/2023
4
5. Having done so, the following points will arise for my
consideration:
(1) Whether the petitioner has made out
grounds for granting anticipatory bail
u/s.438 of Cr.P.C.,?
(2) What order?
6.

My findings on the above points are as under:
(1) Point No.1
..

In the Affirmative
(2) Point No.2
..

As per final order
for the following:
REASONS
7. Point No.1:- The petitioner has filed the present petition
praying for grant of anticipatory bail in (CC.No.19023/2021)
Cr.No.116/2021 of Peenya police station which is registered
against him and others for the offences punishable u/Sec.420 and
506 r/w Sec.34 of IPC, on the basis of complaint given by one
Smt.Jaya, pending on the file of learned 31st ACMM, Bengaluru.
The petitioner has produced certified copy of FIR, complaint and
charge sheet and other documents. The petitioner is shown as
accused No.3 in the charge sheet.
8.

It is alleged in the charge sheet that the present
petitioner and other accused have received Rs.2,000/- each from
the informant and other 250 persons stating that they will provide
loan of Rs.2,00,000/- each to them under Kalyana Yojane for
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Crl.Misc.No.518/2023
backward class of BBMP and in all the petitioner and other
accused have received Rs.5,00,000/- from them. The petitioner
and other accused even though promised the informant and
others to provide loan within one month, they have not provided
any loan to them and thereby cheated the informant and other
persons and they have mis-utilized the amount.
9.

The offences alleged against the petitioner are non-
bailable in nature. Since charge sheet is filed against the
petitioner by alleging the commission of non-bailable offence and
since NBW is issued against the petitioner, the petitioner has filed
the present petition under the apprehension of his arrest by the
respondent police. In the charge sheet, it is mentioned that the
petitioner is absconding and prayed to issue warrant to him. It is
alleged in the petition that the respondent police are making
hectic efforts to arrest the petitioner and he has got reasonable
apprehension of his arrest by the respondent police. Since nonbailable offence is alleged against the petitioner, there is
possibility of arrest of the petitioner by the respondent police
during the course of investigation of the case.
10.

The offences alleged against the petitioner are not
exclusively punishable with death or imprisonment for life. The
alleged offences are triable by the Learned Magistrate. Since
charge sheet is already filed, custodial interrogation of the
Crl.Misc.No.518/2023
6
petitioner is not required for further investigation of the case.
Whether the petitioner in furtherance of common intention with
other accused has received amount from the informant and other
persons by cheating them in the manner as alleged in the charge
sheet or not has to be adjudicated only after full-fledge trial.
11.

The petitioner is ready and willing to abide by any
terms and conditions that may be imposed by the court for his
enlargement on bail. Further he is ready to offer surety to the
satisfaction of the court. The petitioner is permanent resident of
Bengaluru and he is residing within the jurisdiction of the Learned
Magistrate. The petitioner has submitted that he will not abscond
or flee from justice. The apprehension of learned Public
Prosecutor and the Investigating Officer as stated in the objection
statement and I.O. report can be make good by imposing suitable
terms and conditions. The presence of the petitioner during trial
can be secured by imposing suitable conditions. Further the
accused No.2 and 4 against whom similar offences are alleged
were
already
granted
anticipatory
bail
by
this
court
in
Crl.Misc.No.3/2023.
12.

Hence, by looking into the fact of apprehension of
arrest of the petitioner by respondent police with respect to nonbailable offences and by looking into the fact that the petitioner is
ready and willing to abide by any terms and conditions that may
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Crl.Misc.No.518/2023
be imposed by the court for his enlargement on bail and also
ready to offer surety to the satisfaction of the court, I am of the
opinion that the petition filed by the petitioner may be allowed by
imposing suitable terms and conditions. As such, the petition filed
by the petitioner is deserves to be allowed. Accordingly, I
answer the above point in the Affirmative.
13. Point No.2:- In view of my findings on point No.1, I
proceed to pass the following:
ORDER
The petition filed by the petitioner u/s.438 of
Cr.P.C., is hereby allowed.
The respondent police shall release the petitioner/
accused No.3 on bail in the event of his arrest in
Cr.No.116/2021 (CC.No.19023/2021) for the offences
punishable u/Sec.420 and 506 r/w Sec.34 of IPC, pending
on the file of learned 31st ACMM Court, Bangalore, on
petitioner executing personal bond for a sum of
Rs.1,00,000/- with one surety for likesum to the
satisfaction of the Learned Magistrate on the following
further conditions:CONDITIONS
(1) The petitioner shall appear before the learned 31st ACMM
court within the period of two weeks from the date of this
order and he shall seek regular bail from the said court.
(2) The petitioner shall regularly appear before the learned
31st ACMM, Bengaluru during the trial of the case.

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Crl.Misc.No.518/2023
(3) 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 any police officer or
any hamper with the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior
permission of the court.
(6) The petitioner shall not commit any offences of similar or
any other offences in future.
(7) Violation of any of the aforesaid terms and conditions
would entitle for cancellation of bail of the petitioner.
(Dictated to the Stenographer directly on computer, corrected and
then pronounced by me in the open court on this the 20 th day of
January, 2023).

(B.G.Pramoda)
LII Addl. City Civil & Sessions Judge,
Bangalore.

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Crl.Misc.No.518/2023
Order pronounced in the open court
(vide separate order)
ORDER
The petition filed by the petitioner u/s.438 of Cr.P.C., is
hereby allowed.
The respondent police shall release the petitioner/ accused
No.3 on bail in the event of his arrest in Cr.No.116/2021
(CC.No.19023/2021) for the offences punishable u/Sec.420
and 506 r/w Sec.34 of IPC, pending on the file of learned 31 st
ACMM Court, Bangalore, on petitioner executing personal
bond for a sum of Rs.1,00,000/- with one surety for likesum to
the satisfaction of the Learned Magistrate on the following
further conditions:CONDITIONS
(1) The petitioner shall appear before the learned 31st ACMM court
within the period of two weeks from the date of this order and
he shall seek regular bail from the said court.
(2) The petitioner shall regularly appear before the learned 31 st
ACMM, Bengaluru during the trial of the case.
(3) 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 any police officer or any hamper with
the evidence.
(4) The petitioner shall not try to destroy evidence.
(5) The petitioner shall not leave India without prior permission of
the court.
(6) The petitioner shall not commit any offences of similar or any
other offences in future.

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(7) Violation of any of the aforesaid terms and conditions would
entitle for cancellation of bail of the petitioner.

LII Addl. City Civil & Sessions Judge,
Bangalore.

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