1 Crl.Misc.No.3094/2024 KABC010087302024 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 3rd Day of April, 2024. Crl.Misc.No.3094 /2024 PETITIONER 1. Manish Gajendra S/o Gajendra Aged about 36 years R/at No.8, 1st Cross, Vasanthanagar Bengaluru (By Sri.Chandra Shekar M Adv) V/s RESPONDENT State of Karnataka By Bharathi Nagar Police Station, Bengaluru. (Rep. by: Public Prosecutor) 2 Crl.Misc.No.3094/2024

ORDER

This is a petition filed by the petitioner under Section 438 of Cr.P.C. for bail in the event of his arrest in Cr.No.75/2023 of respondent police for the alleged offences punishable under Sec. 406, 420, 504 and 506 R/w Sec.34 of IPC pending on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.

2. The petitioner has sought for anticipatory bail on

the grounds that, he is innocent of the alleged offence. He has got valid and tenable defence. He has no way concerned to the alleged incident. The offences alleged are not punishable with death or life imprisonment. The entire allegation made by the complainant is false and frivolous. He never involved in the alleged incident. He is a resident of Bengaluru. He is absolutely stranger to the alleged incident. No prima facie case is made out against the petitioner. He hails from respectable family. He has got deep roots in the society. He is ready to abide by the 3 Crl.Misc.No.3094/2024 conditions that may be imposed. He is ready to furnish surety.

3. The prosecution has filed statement of objections

narrating the facts of the case. The petitioner has been absconding and hence he is not entitled for anticipatory bail. If the petitioner is granted anticipatory bail he would flee from justice. He would tamper with the prosecution evidence and witness. He would threaten the complainant and witness. Hence sought for dismissal of the petition.

4. Heard the arguments of both sides.

5. The following points arise for my

determination:­

1. Whether the petitioner is 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; 4 Crl.Misc.No.3094/2024 Point No.1 : In the Affirmative Point No.2 : As per final order, for the following :­ R E A S O N S

7. Point No.1:­ The facts leading to the case are

that, the complainant lodged the complaint against the petitioner alleging that, the petitioner is the business of buying and selling the second hand cars. Such being the situated the complainant intend to sell her Marci Benz AMG G63 car bearing No.PY­05­C­7479 worth Rs.2.30 crore. The complainant also informed the accused No.1 that there is car loan of Rs.1.85 crore in ICICI bank. The accused No.1 intend to purchase the said car. Thereafter the accused No.1 informed the complainant to bring the car near St.John Church roa and that time the accused introduced the petitioner and informed to the complainant that the petitioner is going to purchase the car and after the discussions the petitioner took the car for test drive. Thereafter the petitioner not came back nor 5 Crl.Misc.No.3094/2024 returned the car. Further the complainant approached the accused No.1 but instead of giving the money the accused threatened the complainant. Hence the complainant lodged the complaint against the accused persons.

8. The prosecution has objected for grant of bail as

the petitioner may abscond. He my commit similar offence. He may threaten the complainant. He may not co­operated with the investigation. Therefore the petitioner is not entitled for anticipatory bail and he would not co­operate with the trial in the case and may flee from justice.

9. As could be seen from the prosecution papers it

reveals that, believing the words of accused No.1 the complainant gave car to the accused for test drive. But the petitioner did not returned the car nor paid the money. The accused have failed to return the amount to the complainant and also abused the complainant in a 6 Crl.Misc.No.3094/2024 filthy language and also threatened for her life. Prima facie the prosecution papers indicates the involvement of the petitioner.

10. The offences alleged are not punishable with

death or life imprisonment and is triable by the court of Magistrate. Moreover the alleged dispute is purely civil in nature. If the petitioner is not directed to appear before the learned Magistrate he would further delay in trial of the proceedings pending before the IV Addl. Chief Metropolitan Magistrate, Bengaluru. The apprehension of the prosecution can be met out by imposing stringent conditions with a direction to the petitioner to appear before the learned Magistrate regularly and co­operate with the investigation and trial and with other conditions. Hence the petitioner is entitled for anticipatory bail. Accordingly the point No.1 is answered in the Affirmative.

11. Point No.2: In view of my findings on point

No.1, I proceed to pass the following:­ 7 Crl.Misc.No.3094/2024

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.75/2023 of respondent police for the alleged offences punishable under Sec. 406, 420, 504 and 506 R/w Sec.34 of IPC pending on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:­ 1) The petitioner shall execute personal­ bond for Rs.1,00,000/­ with one surety for the like sum within 15 days from the date of this order to the satisfaction of learned magistrate. 2) The petitioner 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. 3) The petitioner shall furnish his residential address proof. 8 Crl.Misc.No.3094/2024 4) The petitioner shall appear before the court on all hearing dates. 5) The petitioner shall not commit similar nature of offence. 6) The petitioner shall not leave the jurisdiction without prior permission of the court. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the Open Court on this the 3rd Day of April, 2024) (T.Govindaiah) LVI Addl. City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.3094/2024 10 Crl.Misc.No.3094/2024 Order pronounced in open Court (Vide separate order)

ORDER

The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. 11 Crl.Misc.No.3094/2024 The petitioner is ordered to be released on bail in the event of his arrest in Cr.No.75/2023 of respondent police for the alleged offences punishable under Sec. 406, 420, 504 and 506 R/w Sec.34 of IPC pending on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru subject to following conditions:­ 1) The petitioner shall execute personal­bond for Rs.1,00,000/­ with one surety for the like sum within 15 days from the date of this order to the satisfaction of learned magistrate. 2) The petitioner 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. 3) The petitioner shall furnish his residential address proof. 4) The petitioner shall appear before the court on all hearing dates. 5) The petitioner shall not commit similar nature of offence. 6) The petitioner shall not leave the jurisdiction without prior permission of the court. LVI Addl.City Civil & Sessions Judge, Benguru. 12 Crl.Misc.No.3094/2024 13 Crl.Misc.No.3094/2024 09.04.2021 Order pronounced in open Court (Vide separate order) P­ M.V.M. R ­ PP ORDER The petition filed by the petitioners under Section 439 of Cr.P.C., is hereby dismissed. LVI Addl.City Civil & Sessions Judge, Benguru. 14 Crl.Misc.No.3094/2024 09.04.2021 Order pronounced in open Court (Vide separate order) P­ M.V.M. R ­ PP ORDER The petition filed by the petitioners under Section 439 of Cr.P.C., is hereby dismissed. LVI Addl.City Civil & Sessions Judge, Benguru.