Crl.Misc.No.3129/2024
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KABC010088462024
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 5th Day of April, 2024.
Crl.Misc.No.3129/2024
PETITIONERS
1.

Sri.Mohammed Niaz Rashid
Aged about 50 years
S/o Lte Abdul Rashid
R/at No.116, 2nd Stage,
2nd Phase, Mahalakshmi layout
Bengaluru
also at
C/o St.Mira’s High School
No.45/37, Gubbanna layout,
behind Maruthi Service Station
6th Block, Rajajinagar
Bengaluru
2.

Smt. Shalini
W/o Vinay Basavanna
Aged about 39 years
C/o St.Mira’s High School
No.45/37, Gubbanna layout,
behind Maruthi Service Station
6th Block, Rajajinagar
Bengaluru
(By Sri.G.K.Shivaprakash Adv)
Crl.Misc.No.3129/2024
2
V/s
State by Magadi Road
police station
Bangalore
RESPONDENT
(Rep. by: Public Prosecutor)
ORDER
This is a petition filed under Section 438 of Cr.P.C. on
behalf of the Petitioners praying to grant anticipatory bail, in
the event of their arrest in Crime No.83/2024 registered by
the respondent police for the offences punishable under
Sections 420, 506 R/w Sec.34 of IPC on the file of II ACMM,
Bangalore.
2.

The petitioners have sought for anticipatory bail
on the grounds that, they are innocent of the alleged offence.
They have no any Actus Reus and Mens Rea as against the
complainant.

They
have
no
intention
to
cheat
the
complainant. The offences alleged are not attract at all and
there is no any question of harassment by the petitioners.
3. On the other hand, the Learned Public Prosecutor
filed objections narrating the facts of the case. Further prima
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Crl.Misc.No.3129/2024
facie prosecution papers discloses the involvement of the
petitioners in the alleged offence. If the petitioners are granted
the relief they may abscond and it causes delay in trial. They
may threaten the prosecution witnesses and evidence. They
may commit similar nature of offence. Hence, prayed to reject
the petition.
4.

Heard both the sides and perused the records.

5.

Heard the arguments of both sides.

6.

The following points arise for my determination:­
1. Whether the petitioners are entitled for
anticipatory bail as provided under
Section 438 of Cr.P.C.?
2. What order?
7.

My findings on the above said points are as
follows;
Point No.1
:
In the Affirmative
Point No.2
:
As per final order for the
following :­
Crl.Misc.No.3129/2024
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REASONS
8.

Point
No.1:­
As
could
be
seen
from
the
prosecution papers, it is clear that, the complainant working
as a teacher in the High School run by the petitioner from
17.01.1985 to 25.07.2022. At the time of service petitioner
has collected High school examination certificate provision
certificate of I.A. examination (intermediate of Arts) and
provisional
certificate
of
B.A
and
also
mother
tough
certificate. The complainant also furnished B.ed and M.ed
certificate to the Institution run by the petitioner. Thereafter
complainant left the job on 25.07.2022 due to the troubles
given by the administration board. Thereafter complainant
requested the petitioner to return her educational certificate.
But till today petitioner has not returned certificate belongs to
complainant by one or other reason. Further the petitioner
also fails to pay gratuity and other funds. Due to the act of
the petitioners complainant suffered loss. Further due to the
illegal act of the petitioners complainant suffered physically
and
mentally.

Therefore
the
petitioners
intentionally
committed cheat and they also gave threat to the life of
Crl.Misc.No.3129/2024
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complainant. Hence the complainant lodged the complaint
against the accused persons.

9.
have
not
The petitioners claims that they are innocent and
committed
any
offences
as
claimed
by
the
complainant. They have been falsely implicated in the present
case without having any sufficient reasons. The allegations of
the prosecution is to be consider during investigation and
trial.

The
apprehension
of
the
prosecution,
that
the
petitioners may threat the prosecution witnesses and they
may abscond from the jurisdiction. The same is to be consider
by
imposing necessary
condition.

They are
permanent
residents of Bengaluru. They are law biding citizens and have
got no bad antecedents.
10.

Learned PP argued that if the petitioners are
granted the bail, they may commit similar nature of offence.
They may abscond. Further the investigation is under
progress. They may tamper with the prosecution witnesses.
Whether the petitioners have committed the alleged offence is
a matter of investigation. The investigation is still under
Crl.Misc.No.3129/2024
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progress.

Hence
the
petitioners
are
not
required
for
investigation. The grievance of the prosecution is to be
consider by imposing conditions. Under these circumstances,
this Court is of the opinion that the petitioners are entitled for
bail. Accordingly, I answer point No.1 in Affirmative.
11. Point No.2: In view of the above findings on point
No.1, this court proceed to pass the following:
ORDER
The petition filed by the petitioners
under Section 438 of Cr.P.C., is hereby
allowed.
The petitioners are ordered to be
released on bail in the event of their arrest
in
Cr.No.83/2024
respondent
police
registered
for
the
by
the
offences
punishable under Sections 420, 506, R/w
Sec.34 of
IPC on the file of II ACMM,
Bangalore
subject
to
the
following
conditions:­
1) The petitioners shall execute personal­
bond for Rs.1,00,000/­ each with two
sureties for the like­sum.

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Crl.Misc.No.3129/2024
2) The petitioners shall appear before the
II Addl. Chief Metropolitan Magistrate,
Bengaluru and shall execute the personal
bond and furnish surety as above within
15 days from the date of this order.
3)
The petitioners shall co­operate with
the investigating officer and shall appear
before the IO as and when called for.
4) The petitioners shall appear before court
on all hearing dates.
5) The petitioners 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.
6) The petitioners shall not get involved in
any criminal activities.
7) The petitioners shall
residential address proof.

furnish
their
If violation of any conditions amounts
to cancellation of bail automatically.
(Typed to my on line dictation by Stenographer, corrected, signed and then
pronounced by me in the Open Court on this 5th day of April, 2024)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.

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Crl.Misc.No.3129/2024
Order pronounced in open Court
( Vide separate order)
ORDER
The petition filed by the
petitioners under Section 438 of
Cr.P.C., is hereby allowed.

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Crl.Misc.No.3129/2024
The petitioners are ordered to be
released on bail in the event of
their arrest in Cr.No.83/2024
registered by the respondent police
for the offences punishable under
Sections 420, 506, R/w Sec.34 of
IPC on the file of II ACMM,
Bangalore subject to the following
conditions:­
1) The petitioners shall execute
personal­bond for Rs.1,00,000/­
each with two sureties for the like­
sum.
2)
The petitioners shall appear
before
the
II
Addl.
Chief
Metropolitan
Magistrate,
Bengaluru and shall execute the
personal bond and furnish surety
as above within 15 days from the
date of this order.
3) The petitioners shall co­operate
with the investigating officer and
shall appear before the IO as and
when called for.
4) The petitioners shall appear
before court on all hearing dates.
5) The petitioners 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.
6) The petitioners shall not get
involved in any criminal activities.

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Crl.Misc.No.3129/2024
7) The petitioners shall furnish
their residential address proof.
If violation of any conditions
amounts to cancellation of bail
automatically.
LVI Addl.City Civil & Sessions
Judge, Bengaluru.