Crl.Misc.No.597/2023
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KABC010018402023
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 2nd Day of February, 2023.
Crl.Misc.No.597/2023
PETITIONER
1. Monaj Kumar
S/o Krishna Murari Sing
Aged about 50 years
R/at No.303B,
Century Commanders Vista
Anatahpura,
Near Green Square Apartment
Yelahanka, Bengaluru
(By Sri.Babu Pattar Advocate)
V/s
RESPONDENT
State of Karnataka
By Subramanyapura
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
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Crl.Misc.No.597/2023
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
NCR.No.849/2022 by the respondent police for the offences
punishable under Secs. 420, 504 and 506 of IPC.
2. The petitioner has sought for anticipatory bail on
the grounds that, he is absolutely innocent. He has got
valid and tenable defence. He has been falsely implicated.
He has not committed any offences. No prima facie case
is made out against the petitioner. The alleged dispute is
civil in nature. He has no bad antecedents. The offences
alleged
are
not
punishable
with
death
or
life
imprisonment. He hails from respectable family having
deep roots in the society. He has no bad antecedents. He
is ready and willing to furnish surety.
He is ready to
abide by the conditions that may be imposed.
3. The prosecution has filed statement of objections
that, no FIR has been registered against the petitioner.
Crl.Misc.No.597/2023
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Hence the question of granting the relief of anticipatory
bail does not arise for consideration. On imaginary
grounds the petitioner has come to the court and 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;
Point No.1
:
In the Affirmative
Point No.2
:
As per final order, for the
following :
REASONS
7.
Point No.1: The complainant Santosh Kumar
filed the complaint stating that he is enter into sale
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Crl.Misc.No.597/2023
agreement with petitioner to sell ancestral property
bearing Sy.No.112/1, 114/9, 114/6 and 113/4, total 6
acres 30 guntas and agreed to pay total consideration
amount of Rs.54,00,000/. Out of the total consideration
amount of Rs.54,00,000/ the complainant has paid
Rs.25,00,000/ to the petitioner as initial payment for
purchase of the said property. A sum of Rs.24,00,000/
to be paid within 3 months, as agreed between the
complainant and petitioner. Thereafter the complainant
had paid Rs.25,00,000/ in three installment to the
petitioner through bank transactions. Such being the fact
without coming to the knowledge of complainant all of a
sudden the petitioner had executed absolute sale deed
pertaining to complainant property in favour of third
person. Accordingly the complainant filed a complaint in
NCR No.849/2022. Hence the petitioner apprehends his
arrest.
Crl.Misc.No.597/2023
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8.
It is the arguments of the learned counsel for the
petitioner that, the petitioner is ready and willing to abide by
the conditions that may be imposed. He is ready to furnish
surety. He is innocent. He is a permanent resident of
Bengaluru.
9. It is also true that no FIR is registered against the
petitioner. But registration
of FIR is not a condition
precedent, mere apprehension is enough to grant bail. On
perusal of the records the FIR may be registered and the
investigation may be done. The petitioner contends that the
based on the complaint filed by the complainant, the
respondent
police
have
registered
the
case
is
NCR
No.849/2022. Hence the petitioner apprehends his arrest.
Under such circumstances the petitioner is
entitled for
anticipatory bail. Hence in my considered view the petitioner
deserves for grant of bail by exercising the powers conferred
u/sec. 438 of Cr.P.C. Accordingly this Point No.1 is in the
affirmative.
Crl.Misc.No.597/2023
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10. Point No.2:
By considering the above over all
reasons this court proceed to pass the following;
ORDER
Bail petition filed u/sec. 438 of Cr.P.C. by
the Petitioner is allowed.
The petitioner is ordered to be released on
bail
in
the
event
of
his
arrest
by
the
respondent police for the offences punishable
under Sec.420, 504 and 506 of IPC, subject to
following conditions:
1. The petitioner shall execute personal
bond
for
Rs.50,000/
and
shall
furnish one surety to the satisfaction
of the IO.
2. The petitioner shall cooperate with
the investigation.
3. The petitioner shall appear before the
IO as and when call for.
4. The petitioner shall not tamper with
the prosecution witnesses.
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5. The
petitioner
shall
furnish
his
residential address proof.
6. The petitioner shall not leave the
jurisdiction of the court without prior
permission.
(Dictated to the Stenographer directly on computer, corrected and then
pronounced by me in the Open Court on this the 2 nd Day of February,
2023)
(T.Govindaiah)
LVI Addl.City Civil & Sessions
Judge, Bengaluru.