IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 30 th DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.5998/2022
Petitioner
Mullappa H.S,
S/o Late. Siddappa H.S,
Aged about 47 years,
R/at Gowri Kaluve,
Hosamane,
Chikkamagaluru.
(By Sri.C.H.Srinivas,
Adv.)

AND
Respondent State of Karnataka
Rajagopalanagar P S,
Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
This bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
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Crl.Misc.No.5998/2022
of anticipatory bail in the event of his arrest in Crime
No.193/2022
for
the
offences
punishable
U/s.

354B,420, 504, 506 r/w Sec.34 of IPC.
2. The facts are as under:
On 18.01.2022, the petitioners approached the
complainant and offered to sell TOYOTA ITOS car.
They told that they are ready to sell the same for
Rs.5,35,000/-. According to them, there is loan of
Rs.3,60,000/- and expressed their intention to clear
the bank loan. The complainant has agreed to
purchase the car and paid Rs.1,70,000/- to the
petitioners. The complainant asked car documents.
But the petitioners have failed to handover the
documents. On 20.05.2022, when the complainant
was standing in front of Bellanduru Hotel, the
petitioner No.1 took away the car with duplicate key.
On
21.05.2022,
the
petitioners
with
common
intention, started quarrel with the complainant,
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Crl.Misc.No.5998/2022
assaulted with hands, attempted to outrage the
modesty of wife of the complainant and threatened
with dire consequences.
3. Grounds for bail:
1. The petitioner is innocent. He has not
committed the alleged offences.
2. At no point of time, the petitioner
delivered car to the complainant. The
complainant has failed to pay the bank
loan.
3. The petitioner never went to the house of
the complainant. If the car had been
delivered to the complainant without getting
the vehicle transferred in his name, then the
petitioner will be held responsible for the
same.
4. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections and re-iterated the complaint averments.
There are prima facie materials against the petitioner
to reject the bail. If the bail application is allowed, the
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Crl.Misc.No.5998/2022
petitioner may put threat to the complainant. Hence,
prayed for dismissal of the application.
5. Heard.
6. The points that arise for my consideration are:
1. Whether the petitioner has made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7. My answer to the above points are hereunder:
Point No.1:
Point No.2:
In the affirmative
As per final order,
for the following:
REA S ON S
8. Point No.1: It is alleged that the petitioner
and other accused received advance amount from the
complainant and failed to deliver car.
alleged
that
the
petitioner
and
It is further
other
accused
assaulted the complainant, abused in filthy language,
put life threat and attempted to outrage the modesty
of his wife.

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Crl.Misc.No.5998/2022
9. It appears that I.O. has commenced the
investigation,
conducted
mahazar,
recorded
the
statement of witnesses and completed the major part
of the investigation. The involvement of petitioner is
yet to be proved. The alleged offences are not
punishable with death or imprisonment for life. They
are to be tried before learned Magistrate. Hence, there
is absolutely no reason to deny benefit of anticipatory
bail to the petitioner at this stage. Consequently, the
point No.1 is answered in the affirmative.
10. Point No.2: From the discussion made
herein above, it is clear that this petition deserves to
be allowed. In the result, therefore, I proceed to pass
the following:
O RDE R
This bail application filed by the
petitioner under Section 438 of Cr.P.C. is
hereby allowed.
The respondent police is hereby directed
to release the petitioner in the event of his
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Crl.Misc.No.5998/2022
arrest in Crime No.193/2022 for the offences
punishable U/s. 354B, 420, 504, 506 r/w
Sec.34 of IPC, subject to the following
conditions:
1. The petitioner shall execute personal
bond for Rs.50,000/- with like sum
surety.
2. The petitioner shall not threaten the
complainant and other witnesses.
(Typed to my dictation by the Stenographer directly on the computer,
corrected by me and then pronounced in open Court on this the 30th day
of June, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.