KABC010081192024 IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-66) PRESENT SHRI. HEMANTH KUMAR. C.R. B.A.L., L.L.B., LXV Addl. City Civil & Sessions Judge, C/c. LXVI Addl. City Civil & Sessions Judge,(CCH-67) Bengaluru. Dated this the 30th day of March, 2024 Crl.Misc.No. 2887 of 2024 PETITIONER/S:- Marigappa, S/o. Late Venkatappa, Aged about 59 years, R/at No.2, 6th Block, Banashankari 6th Stage, Gattigerepalya, Kengeri Hobli, Bengaluru-560 060. (By Sri. S.R.Karthik, Advocate) V/s. RESPONDENT/S:- STATE OF KARNATAKA, By Kengeri Police Station, Bengaluru. (Rep. by Public Prosecutor) 2 Crl.Misc.No.2887/2024 ORDER ON PETITION FILED UNDER SECTION 438 OF CR.P.C This petition is filed under Section 438 of Cr.P.C., seeking anticipatory bail to the petitioner in Crime No.79/2024 registered by the respondent Kengeri police for the offence punishable under sections 423, 418, 420, 448, 417 of IPC.

2. Brief facts of the case:-

The complainant one Radhakrishna B.N. has filed a private complaint in PCR.No.7798/2023 alleging that the accused borrowed money from Shashikanth S/o. Sekar and executed a registered Sale Agreement by giving original property documents on 13.10.2020 as a guarantor for the loan and later in order to repay the loan, approached the accused herein who promised to give a loan to the complainant and hence sale agreement dated 13.10.2020 was cancelled on 25.07.2022 with Shashikanath and the accused told the complainant to execute a fresh sale agreement on 25.07.2022 as security to the loan given by the accused to the complainant and have full faith, the complainant came and signed the document on 25.07.2022 in the Sub-Registrar office prepared by the accused which the accused said is a sale agreement, as the complainant is blind in one eye and partial vision. But the accused on the pretext of executing a Sale Agreement has fraudulently executed a registered Sale deed on 25.07.2022 in his favour which the complainant came to know recently when the accused is asked the complainant to vacate the schedule property. The complainant being aggrieved by the same has lodged the complaint before the jurisdictional Magistrate in PCR No.7798/2023. The said complaint having been referred for investigation to the Kengeri Police. The said Kengeri Police on receipt of the said complaint have registered a case 3 Crl.Misc.No.2887/2024 in Crime No.79/2024 for the offences punishable U/Sec.423, 418, 420, 448, 417 of IPC.

3. The petitioner being aggrieved by the same has preferred

this bail petition on the following among other grounds. The petitioner submits that he is innocent of the alleged offences and he has been falsely implicated in the said case. The petitioner has also contended that he is the absolute owner of the House property bearing No.328, Sri.Rama Nilaya, 5th Main, 4th Cross, near Lakshi Temple, BSK 6th Stage, 8th Block Bangalore measuring East to West : 12.00 Meters and North to South 9.00 Meters and in all measuring 108 Sq.Meters consisting of Ground, First Floor and one room consisting in Second Floor. The petitioner submits that he has purchased the said house property from the complainant for a valuable sale consideration on 25.07.2022.

4. The petitioner further submits that 25.07.2022 when the

house has been purchased by the petitioner there was a tenant by name Girish Shastri in the Ground Floor of the house and the said Girish Shastri vacated the Ground Floor land handed over the vacant possession of Ground Floor on 29.04.2023 to the petitioner. The petitioner submits that the complainant has entered into a Lease Agreement on 25.07.2022 and inspite of several requests the complainant has not vacated and handed over the possession of the suit premises and in between the complainant and the accused suit in O.S.No.25346/2022 has been filed seeking Permanent Injunction as against the petitioner the same is pending adjudication. The petitioner submits that he has filed a suit seeking relief of Eviction in O.S.No.25775/2022 as against the complainant which is pending adjudication. The petitioner further submits that he is innocent of the 4 Crl.Misc.No.2887/2024 alleged offences and the complainant has filed false case against the petitioner and he is ready and willing to abide by the terms and conditions imposed by this Court and co-operate with the investigation. Hence, prays to allow the bail petition.

5. After service of notice, the learned Public Prosecutor has

appeared and filed objection contending that the offence alleged against the petitioner are grievous in nature and also further contended that complaint averments prima-facie shows that the petitioner has involved in the alleged offences. The learned Public Prosecutor has also further contended that as the investigation is still in progress at this stage if the bail petition of the accused is allowed there is every chance of of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to reject the bail petition.

6. Heard the arguments. Now the points that arise for my

consideration.-

1. Whether the petitioner has made out sufficient ground to allow the petition filed under Section 438 of Cr.P.C?

2. What order?

7. My answer to the above points are.-

Point No.1:– In the Affirmative Point No.2:– As per final order for the following

REASONS

8. Point No.1:- The petitioner counsel has addressed the

arguments contending that the offence alleged against the petitioner are false. The petitioner counsel has contended that the complaint 5 Crl.Misc.No.2887/2024 averments does not attract the ingredients of the alleged offences. The petitioner counsel has also contended that the petitioner has purchase House property bearing No.328, Sri.Rama Nilaya, 5th Main, 4th Cross, near Lakshi Temple, BSK 6th Stage, 8th Block, Bangalore. The petitioner counsel has also contended that the petitioner has purchased said property for a valuable consideration by sale deed dated.25.07.2022 and also has further contended that the complainant had entered into Lease Agreement on 25.07.2022 and paid Rs.4,20,000/- by way of cash, which is refundable. The petitioner counsel has also contended that the complainant has filed suit in O.S.25346/2022 seeking Permanent Injunction as against the accused and the same is pending adjudication and also has further contended thta the present petitioner has also filed suit for Eviction in O.S.No.25775/2022 and the said suit are pending for consideration. The petitioner counsel has also contended that the petitioner is ready and willing to abide by the terms and conditions imposed by this Court and co-operate with the investigation. Hence, prays to allow the bail petition.

9. The learned Public Prosecutor has address the arguments

contending that the offence alleged against the petitioner are grievous in nature and also further contended that complaint averments prima- facie shows that the petitioner has involved in the alleged offences. The learned Public Prosecutor has also further contended that as the investigation is still in progress at this stage if the bail petition of the accused is allowed there is every chance of of the petitioner threatening the prosecution witnesses, destroying the evidence, abscond and hamper the trial. Hence, prays to reject the bail petition. 6 Crl.Misc.No.2887/2024

10. On perusal of the records it is noticed that the

complainant one Radhakrishna B.N. has lodged private complaint in PCR.No.7798/2023 alleging that he had borrowed money from Shashikanth S/o. Sekar and got executed Sale Agreement and handed over original property documents on 13.10.2020 as a guarantee to the loan. The accused has promised the complainant that he would clear the loan amount and hence the complainant got cancelled the sale agreement on 25.07.2022 with Shashikanath and the accused told the complainant to execute a fresh sale agreement on 25.07.2022 as security to the loan given by the accused to the complainant. The complainant having full faith in the accused has signed the document on 25.07.2022 before the Sub-Registrar office prepared by the accused. The complainant has alleged that the complainant is blind of one eye and has partial vision. The complainant has alleged that the accused on the pretext of executing a Sale Agreement has got executed fraudulently a Sale deed on 25.07.2022 in favour of the accused. The complainant came to know recently with respect to the sale deed when the accused asked the complainant to vacate the schedule property. The complainant alleging has lodged the complaint before the jurisdictional Magistrate in PCR No.7798/2023. The said complaint having been referred for investigation to the Kengeri Police. The said Kengeri Police on receipt of the said complaint have registered case in Crime No.79/2024 for the offences punishable U/Sec.423, 418, 420, 448, 417 of IPC.

11. On perusal of the records the offence alleged against the

petitioner are under Sections 423, 418, 420, 448, 417 of IPC. The offence alleged against the petitioner is not punishable with imprisonment for life or death. The allegation against the petitioner is 7 Crl.Misc.No.2887/2024 that the accused got executed sale deed in favour of the complainant stating that the document is sale agreement and the complainant came to know about the said fact when the accused asked him to vacate the premises. The offences alleged against the petitioner is not punishable with imprisonment for life or death. The case is still under the stage of investigation and at this stage it cannot be said that the petitioner has involved in the alleged offence. As the case still under the stage of investigation and also there are civil suit pending between the parties with respect to suit for injunction and also suit for eviction and also suit for eviction filed by accused, both the parties have filed suit against each other. The petitioner has contended that he is ready and willing to abide by the terms and conditions and also co-operate with the investigation, the said apprehension of the prosecution can be satisfied by imposing stringent conditions as the case is still under the stage of investigation. The guilt of the petitioner has to be proved during the course of trial. Considering all these facts, I am of the opinion that the petitioner can be enlarged on bail by imposing certain conditions, which would meet the apprehension of prosecution. Accordingly, I answer the point No.1 in the Affirmative.

12. Point No.2:- In view of the findings given on point No.1, I

proceed to pass the following.-

ORDER

The petition filed by the petitioner/ accused under Section 438 Cr.P.C., is allowed. The respondent Kengeri police are directed to release the petitioner on bail in the event of their arrest in Crime No.79/2024 PCR No.7798/2023 registered by the Kengeri police 8 Crl.Misc.No.2887/2024 for the offences punishable under Sections Sections 423, 418, 420, 448, 417 of IPC on execution of personal bond for Rs.1,00,000/- with one surety for the likesum subject to the following CONDITIONS:-

1. The petitioner shall appear before the court on all dates of hearing.

2. The petitioner shall appear before the IO whenever he is called upon for the purpose of investigation.

3. The petitioner shall not tamper with the evidence and shall not threaten, induce allure the prosecution witnesses in what so ever manner.

4. The petitioner shall not involve in any criminal activity.

5. The petitioner shall produce the permanent address proof document.

(Dictated to the Judgment writer, transcribed by him, corrected and then pronounced by me in the Open Court on this 30th day of March, 2024) (HEMANTH KUMAR. C.R) LXV Addl. City Civil & Sessions Judge, C/c LXVI Addl. City Civil & Sessions Judge,(CCH-67) Bengaluru.