KABC010082692024 Presented on : 25-03-2024 Registered on : 25-03-2024 Decided on : 20-04-2024 Duration : 0 years, 0 months, 25 days IN THE COURT OF THE LXIV ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-65) AT BENGALURU) Dated this 20th day of April 2024 -: P R E S E N T :- Smt. Kalpana M.S., B.Sc., LL.M.,PGD-CLCF., LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. Crl.Misc.No.2932/2024 PETITIONER : Mr. B.L. Nagabharana, S/o B. Lakshminarasimhayya, Aged about 64 years, R/at No.G8, SGS Park View Apartment, Narayana Nagara, Kanakapura Main Road, Doddakallasandra, Bengaluru. (Accused No.4) (By Sri. Vihwanath R.D., Advocate) /Vs/ 2 Crl.Mis. No.2932/2024 RESPONDENT : State of Karnataka by Station House Officer, Mahalakshmipuram Police Station, Bengaluru. (Rep. By Learned Public Prosecutor) ORDERS ON ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF CR.P.C. Petitioner has filed this petition under Section 438 of Code Criminal Procedure (hereinafter referred as Cr.P.C.,) seeking anticipatory bail in C.C. No.783/2024 (Cr.No.24/2022 of Mahalakshipuram police station, Bengaluru) for the offences punishable under Sections 143, 147, 448, 386, 323, 506, 342, 201 read with Section 149 of Indian Penal Code (hereinafter referred as I.P.C.), pending on the file of Chief Metropolitan Magistrate Court, Bengaluru.

2. Learned Public Prosecutor appearing for the

State has filed objection statement along with report of the Investigating officer, opposing the bail petition. 3 Crl.Mis. No.2932/2024

3. For the purpose of brevity, the facts stated in

the petition and objections will be stated at appropriate stage of the orders.

4. Heard arguments. Perused the materials on record.

5. The points that arise for my consideration are;

1. Whether petitioner / accused No.4 is entitled for grant of anticipatory bail under Section 438 of Code of Criminal Procedure?

2. What Order?

6. For the reasons stated hereinafter, my findings

on the above points are as follows; 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:- Along with petition, petitioner/

accused No.4 has produced certified copies of complaint, 4 Crl.Mis. No.2932/2024 FIR in Cr.No.24/2022, order sheet in C.C. No.783/2024, charge sheet, xerox copy of Aaadhar card, certified copies of Orders in Crl.Misc. Nos.7306/2022, 2193/2022 and 6860/2023. Perused the same.

8. The facts set out in the charge sheet in brief, is

as under; That the complainant is an advocate, having his office at No.54, 5th Floor, S.V.N.V. Bhavana, No.39/2, K.G.Road, Bengaluru. Accused No.1/Smt.Komala engaged him as her advocate since last 11 years. Complainant conducted around 25 matrimonial cases filed by the said accused No.1/Komala. As there was some differences, complainant returned entire cases filed by the accused No.1. Therefore, accused No.1 started to hate the complainant. On 02.02.2022 morning at 8.30 p.m., along with accused No.2 to 4 and other 10 ladies, 10 male persons, accused No.1 5 Crl.Mis. No.2932/2024 gain entry into the house of the complainant, assaulted and abused him and his wife Lakshmi, daughter Shivani, son Bheemesh. They confined them in a room, threatened to conduct cases of the accused No.1, or else they are going to kill him and his wife and children. Further they have threatened that before 28.08.2022 he should take all cases of accused No.1 concluded, otherwise he shall pay Rs.30,00,000/-(thirty lakhs) compensation. They have forcibly made him to sign settlement agreement and agreement for sale of site of his brother Prabhu situated at Singapur Layout, Yelahanka. Further they had taken Rs.1,00,000/-(one lakh) cash, compelled him and his wife to transfer Rs.1,00,000/-(one lakh) through phone pay and Google pay to the phone number of the accused No.1 i.e.,

9980225412. They have taken away their Innova car key

and keys of house and office. Further they have demanded for two cheques for ₹.55,00,000/-(fifty lakhs) within two 6 Crl.Mis. No.2932/2024 days otherwise they will kill them. On the basis of the said complaint, respondent police have registered a case and proceeded with investigation.

9. Learned counsel vehemently argued that,

petitioner is innocent of the alleged offences. He has not committed the said offences. He is falsely implicated in this case. His name is not found in the F.I.R. The petitioner is ready and willing to abide by the terms and conditions that may be imposed by this court. There is serious apprehension of arrest. The learned counsel submits that, the petitioner has made out prima facie case for grant of pre-arrest bail.

10. At the out set, the alleged offences are triable by

Magistrate. The said offences are neither punishable with death penalty nor imprisonment for life. The commission of offences by petitioner is required to be established during 7 Crl.Mis. No.2932/2024 trial. The Hon'ble Supreme Court of India in the decision of State of Rajasthan, Jaipur Balachandh @ Baliay (AIR 1977 SC 2447) and in catena of decisions pleased to laid down the legal doctrine that "Bail is a rule and jail is an exception". This legal doctrine is laid down for safeguarding fundamental right under Article 21 of Constitution of India, granting the right to life and liberty.

11. The investigation is already completed and

charge has been filed before the trial court and this petitioner is arraigned as accused No.4. The custodial interrogation is not warranted. However, there is reasonable apprehension of his arrest, courts may exercise discretion in favour of the applicant. The apprehension of the prosecution could be met by imposing stringent conditions to secure the petitioner during trial. He has permanent place of abode at Bengaluru. Under these facts 8 Crl.Mis. No.2932/2024 and circumstances and in view of the law laid down by Hon'ble Supreme Court of India in the case of Satender Kumar Antil V/s.Central Bureau of Investigation in Miscellaneours Application No.1849/2021 dated 11.07.2022, I am of the opinion that, to struck the balance between individual liberty and humiliation due to unjustifiable detention against free and fair trial as well as welfare of society, it is proper to enlarge the petitioner on bail by imposing appropriate terms and conditions. Accordingly, point No.1 is answered in the Affirmative.

12. POINT NO.2: In view of the aforesaid discussion,

this court proceed to pass the following : O R D E R Anticipatory bail petition under Section 438 of Cr.P.C., filed by petitioner / accused No.4 is allowed. 9 Crl.Mis. No.2932/2024 Respondent is directed to release the petitioner on bail in the event of his arrest in Cr.No.24/2022 of Mahalakshmipuram police station, Bengaluru for the offences punishable under Section 143, 147, 448, 386, 323, 506, 342 read with Section 149 of I.P.C., pending on the file of Chief Metropolitan Magistrate Court, Bengaluru by taking personal bond for ₹.50,000/- (fifty thousand) with two sureties for like sum on following conditions;

1. Petitioner/accused No.4 shall furnish

document regarding his address proof and the address proof of his sureties at the time of furnishing sureties.

2. He 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 10 Crl.Mis. No.2932/2024 disclosing such facts either to the Investigation Officer or to the trial court.

3. He shall not leave the jurisdiction of India

without prior permission of the trial court.

4. He shall not involve in any criminal

activities.

5. In the event any change in the residential

address, petitioner and his sureties shall intimate the same to the trial court immediately without fail. Violation of any of these conditions would entitle cancellation of bail. Consequently, this criminal miscellaneous proceedings is disposed of. (Dictated to the Stenographer Grade-I directly on computer, typed by her, then corrected, signed and pronounced by me in open court on this 20th day of April 2024). (KALPANA M.S.) LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. 11 Crl.Mis. No.2932/2024 Order pronounced in the open Court (vide separate Order) O R D E R Anticipatory bail petition under Section 438 of Cr.P.C., filed by petitioner / accused No.4 is allowed. Respondent is directed to release the petitioner on bail in the event of his arrest in Cr.No.24/2022 of Mahalakshmi12 Crl.Mis. No.2932/2024 puram police station, Bengaluru for the offences punishable under Section 143, 147, 448, 386, 323, 506, 342 read with Section 149 of I.P.C., pending on the file of Chief Metropolitan Magistrate Court, Bengaluru by taking personal bond for ₹.50,000/- (fifty thousand) with two sureties for like sum on following conditions:

1. Petitioner/accused No.4 shall furnish

document regarding his address proof and the address proof of his sureties at the time of furnishing sureties.

2. He 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 either to the Investigation Officer or to the trial court. 13 Crl.Mis. No.2932/2024

3. He shall not leave the jurisdiction of

India without prior permission of the trial court.

4. He shall not involve in any criminal activities.

5. In the event any change in the residential address, petitioner and

his sureties shall intimate the same to the trial court immediately without fail. Violation of any of these conditions would entitle cancellation of bail. Consequently, this criminal miscellaneous proceedings is disposed of. LXIV ADDL.CITY CIVIL & SESSIONS JUDGE, CCH-65, BENGALURU CITY. 14 Crl.Mis. No.2932/2024