KABC010016072023
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,
Bengaluru.
Dated this the 21 st day of January, 2023
Crl.Misc.No.513/2023
PETITIONER/S:-
N.S. NAGARAJA,
s/o N.H. Shankar,
Aged about 44 years,
R/at No.102, 1st Main Road,
2nd Cross, Near R.T.O. Office,
Ullal, Upakara Residency Layout,
Bengaluru-560 091.
(By Sri. CBM., Advocate)
V/s.

RESPONDENT:-
STATE OF KARNATAKA,
By Jnanbharathi Police Station,
Bengaluru.
(Rep. by Public Prosecutor)
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.206/2022 registered by
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the respondent Jnanbharathi police for the offence punishable under
Section 420 of IPC.
2.

Brief facts of the case.-
The complainant has lodged complaint on 27.07.2022 alleging
that she is running a company under the name of S.R.K. Chemical &
Services and the accused is known to complainant’s daughter as auto
driver and informed that the said Nagaraju @ Nagabhushan will
provide job to complainant’s daughter as PSI, V.A or D group
employee as he known to the complainant from the past 9 years.
Believing him the complainant has transferred a sum of Rs.2,49,000/through phonepay, Rs.4,92,000/- through bank and a sum of
Rs.2,59,000/- was paid by way of cash.

From past one year the
complainant has believed the accused and as such the accused has
cheated her and he had informed that he will give Rs.20,00,000/- and
he did not return back the amount. The complainant has also stated
that she has given the money to the accused by raising the loan. As
such the said Nagaraju @ Nagabhushan having not paid the amount.
The complainant has lodged the present complaint. The police on
receipt of the said complaint have registered the case crime
No.206/2022 for the offences punishable under Section 420 of IPC.
3.

The petitioner apprehending his arrest in the said case
has preferred this bail petition seeking anticipatory bail on the following
among other grounds.

The petitioner submits that he is totally
innocent of the alleged offence and he has got valid and tenable
defense in his favour. The petitioner has contended that there is no
specific allegation made against this petitioner and he has never
cheated the complainant and he has been falsely implicated in the said
case.

The petitioner submits that the incident has taken place on
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23.08.2021 and the complaint came to be lodged on 27.07.2022 and
there is inordinate delay in lodging the complaint. The petitioner
submits that at no point of time the petitioner has assured to get a job
to her daughter and he has not received the amount for that purpose.
The petitioner submits that the complainant who is due to pay amount
which is borrowed by her from this petitioner, she has returned the part
payment, she is liable to pay the balance amount to him. When the
accused insisted the complainant for his money then the complainant
has filed this false case against him. The petitioner submits that he is
ready and willing to abide by the conditions imposed by this court and
also co-operate with the investigation and also further contended that
the offences alleged against the petitioner are not punishable with
imprisonment for life or death. Hence, prays to allow the bail petition.
4.

After service of notice, the learned Public Prosecutor has
appeared and filed objections contending that the offence alleged
against the petitioner is grievous in nature and also further contended
that there is account transaction for the amount
paid by the
complainant and also further contended that the complaint averments
prima facie show that the accused has committed the alleged offence.
The learned Public Prosecutor has also further contended that the
accused has cheated the complainant by taking the money on the
pretext of the government job to her daughter. The learned Public
Prosecutor has also further contended that the investigation is still
under the stage of investigation and the I.O. has to collect the
documents and also statement of witnesses and also further
contended that if the bail petition of the petitioner is allowed, there is
every chances of threatening the prosecution witnesses, destroying
the evidence, abscond and hamper the trial. Hence, prays to reject
the bail petition.

Crl.Misc.No.513/2023
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5.

Heard the arguments. Now the points that arise for my
consideration are:
6.

1.

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

2.

What order?
My answer to the above points are.Point No.1:–
In the Affirmative
Point No.2:–
As per final order
for the following
REASONS
7.

Point No.1:-
The petitioner counsel has addressed the
arguments contending that the petitioner is innocent of the alleged
offence and he has not committed any offences nor assured to get a
job to her daughter and nor he has not received the amount for that
purpose.

The petitioner
counsel has further contended that the
complainant was due to pay the amount which was borrowed by her
from the petitioner and as such she has made part payment and she
has to pay the balance amount, when the petitioner insisted the
complainant for his money the complainant has filed this false case
against accused
person. The petitioner
counsel has also further
contended that there is no specific allegation made against the
petitioner and also the offences alleged against the petitioner are not
punishable with imprisonment for life or death. The petitioner counsel
has also further contended that the petitioner is ready and willing to
abide by the conditions imposed by this court and also co-operate with
the investigation. Hence, prays to allow the petition.
8.

The learned Public Prosecutor has addressed the
arguments contending that the petitioner has cheated the complainant
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Crl.Misc.No.513/2023
on the pretext of providing the government job to her daughter and has
received the amount and also the complaint averments prima facie
shows that the petitioner has committed the alleged offence. The
learned Public Prosecutor has also further contended that the
investigation is still in progress, at this stage if the bail petition of the
petitioner is allowed, there is every chances of the petitioner
threatening the prosecution witnesses, destroying the evidence,
abscond and hamper the trial. Hence, prays to reject the bail petition.
9.

On perusal of the records, it is noticed that the
complainant has lodged the complaint against the accused person
alleging that the accused is known to the complainant’s daughter as
auto driver and also known to the complainant from past 9 years.
Believing the words of the said accused that he will provide job to her
daughter she has transferred a sum of Rs.2,49,000/- through
phonepay, Rs.4,92,000/- through bank and a sum of Rs.2,59,000/- was
paid by way of cash.

In spite of giving the amount
the accused
having not provided the job had informed the complainant that he will
return Rs.20,00,000/- on her on 25.11.2022 as the accused did not
return the amount to the complainant. The accused having cheated
the complainant, has filed the present complaint. The police on receipt
of the said complaint have registered the case in Crime No.206/2022
for the offences punishable under Section 420 of IPC. The case is still
under the stage of investigation as the case is still under the stage of
investigation it cannot be said that the accused has committed the
alleged offences. The offences alleged against the petitioner are not
punishable with imprisonment for life or death.

The petitioner has
undertaken that he will co-operate with the investigation and also
abide by the terms and conditions imposed by this court.

The
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Crl.Misc.No.513/2023
apprehension of the prosecution is that if the bail petition is allowed
there is every chances of petitioner might threaten the prosecution
witnesses, destroy the evidence, abscond and hamper the trial. The
said apprehension of the prosecution can be satisfied by imposing
stringent conditions. Admittedly, the petitioner is resident of the
address shown in the cause title. If at all during the course of trial, the
prosecution is able to prove the guilt of the petitioner, he can be dealt
with in accordance with law. As such, petitioner is entitled for bail.
Accordingly, I answer the point No.1 in the ‘Affirmative’.
10.

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 under
Section 438 Cr.P.C., is allowed.
The respondent Jnanbharathi police are
directed to release the petitioner on bail in the
event of his arrest in Crime No.206/2022
registered for the offence punishable under
Section 420 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 and shall cooperate with the investigation.

2.

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

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3.

The petitioner shall not tamper with the
evidence and shall not threaten, induce
allure the prosecution witnesses in
whatsoever manner.

4.

The petitioner shall not involve in any
criminal activity.

5.

The petitioner shall produce
permanent address proof document.

the
(Dictated to the Stenographer, transcribed by her, corrected and then pronounced by
me in the Open Court on this 21st day of January, 2023.)

(HEMANTH KUMAR. C.R)
LXV Addl. City Civil & Sessions Judge,
Bengaluru.