KABC010161632022
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH­64) AT BENGALURU
Dated this the 28th day of June 2022
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.

CRIMINAL MISCELLANEOUS NO.6026/2022
PETITIONER
:
Naveen.N
S/o K.Nagaraju,
Aged about 30 years,
Residing at No.23/2,
B.G.Road, Subbanna Garden,
Shantinagar, Bengaluru – 560 030.
(By Sri.R.Madhusudhana Reddy,
Advocate)
­ Vs ­
RESPONDENT
:
State by V.V.Puram Police Station,
Bengaluru.
(By Public Prosecutor)
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Crl.Misc.No.6026/2022
ORDER
The petitioner has filed this petition u/s 439 of Cr.P.C.,
for their release on bail in connection with a case registered in
Cr.No.43/2022 of respondent/Police Station for the offences
punishable u/s 465, 468, 471, 419, 420, 120(B) r/w 34 of IPC.
2.

It is stated in the bail application that the petitioner is
innocent and has not committed any offences as alleged in the
complaint. The petitioner is a stranger to the alleged
transaction.

He is a law abiding citizen and is in no way
connected to the alleged offences. The respondent­Police has
not produced any material evidence nor established any
prima­facie involvement of the petitioner either directly or
indirectly
of
committing
the
alleged
offences.

The
respondent/Police have not produced any material evidence
before their existence in transaction between the petitioner
and complainant. The material evidence like Bank transaction
or cash transactions is not produced. The respondent/Police
have falsely arrested the petitioner, as the petitioner was
trying to obtain an anticipatory bail in Cr.No.26/2022. The
petitioner is an employee working in a reputed organization.
The offences alleged against the petitioner are not exclusively
punishable either with death or imprisonment for life. He is
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Crl.Misc.No.6026/2022
the only earning member of his family.

He hail from
respectable family and is ready and willing to abide by the
terms and conditions imposed while releasing him on bail.
Hence, prayed to grant of bail.
3.

The learned P.P. has opposed the bail application by
filing the objections statement. According to him, the materials
collected during the investigation prima facie disclose that the
petitioner has committed the offences alleged against him.
Hence, prayed to dismiss the bail petition filed by the
petitioner.
4.

Heard the arguments from learned Counsel for petitioner
and learned Public Prosecutor. Perused the materials placed
on record.
5.

The points that arise for my consideration are:
1. Whether the petitioner is entitled for bail as
prayed in the application filed under Sec.439 of
Cr.P.C.?
2. What order?

6.

My answer to the above points are as follows:
Point No.1:
Point No.2:
in the affirmative
As per final order for the following;
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Crl.Misc.No.6026/2022
REASONS
7.

Point No.1:­ As per the allegations made in the
complaint on 07­11­2002, the B.D.A had allotted a site bearing
No.867, 10th Block, 6th Stage, to the complainant. On 13­03­
2002 issued allotment letter to him. On 16­01­2003 registered
the same in Sub­Registrar Office, and on 20­01­2003 BDA had
issued possession certificate. On 23­11­2010 the B.D.A Officer
had issued Khata for the said property and he has been paying
the taxes, regularly. When the complainant went to see the
property in the last month, he noticed that, there were
marking signs in the said property. Then he smelled doubt
and on enquiry in the BDA office and came to know that, they
had not marked any sings in the complainants property.
Thereafter he obtained the E.C on 23­03­2022 and noticed
that, one Mr. Kandela Prem Kumar S/o Savan Kumar had
registered the said property in his name by creating the forged
document at the office of the Chamarajpet Sub­Registrar on
31­08­2021. The original documents are with the complainant,
accused persons forged and created the documents in their
name and registered the said property in the name of accused
No.1. Hence, the complainant filed the complaint. On the basis
said complaint, the respondent­Police registered the FIR
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Crl.Misc.No.6026/2022
against the accused for the offences punishable u/s 465, 468,
471, 419, 420, 120(B) r/w 34 of IPC. During the course of
investigation IO found that the petitioner is also involved in
the crime along with other accused persons got executed the
sale deed with respect to the complainants property from
fictitious person on created documents and got divided the
amount.
8.

At the outset it is material to note that as per the records
produced on record except offences Sec.468, 420 and 120B of
IPC all other offences are bailable in nature. Though the said
offences alleged are non bailable in nature, they are not
punishable with death imprisonment. The involvement of
petitioner is yet to be proved. The truth is to be ascertained
during the course of trial. The name of petitioner not found in
complaint.

The offences alleged against the petitioner are
triable by Magistrate. The statements of witnesses are already
recorded by the police. Continuous detention of the petition
behind bard would lead to a circumstance wherein the
petitioner may come in contact with criminals in jail. As per
the averments of bail application, the petitioner is the
permanent resident of the address shown in the petition. He is
ready to furnish the surety and ready to abide by the
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Crl.Misc.No.6026/2022
conditions that may be imposed by this Court on him. The
petitioner is ready to furnish surety and ready to abide by the
conditions that may be imposed by this Court while passing
the order. As per the records produced by the petitioner the
Investigation Officer arrested the petitioner and he is in JC
since from the date of his arrest i.e.,04.06.2022. Considering
the gravity of the alleged offences the punishment prescribed
for the said offences and having regards to the facts &
circumstances of the case it is just and proper to grant regular
bail by imposing appropriate conditions. Accordingly, I answer
point No.1 in the affirmative.
9.

Point No.2:­ In view of my findings on point No.1, I
proceed to pass the following order.
ORDER
The regular bail petition filed by petitioner u/s
439 of Cr.P.C. is hereby allowed.
The petitioner is ordered to release on bail in V
V Puram P.S. Crime No.43/2022 on executing
personal bond for Rs.80,000/­ with one surety for like
sum to the satisfaction of the concerned learned
Magistrate on the following conditions:­
1.

Petitioner shall not tamper with the
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Crl.Misc.No.6026/2022
prosecution witnesses.
2. Petitioner shall appear before Investigating
Officer as and when required for the purpose
of investigation.
3. Petitioner shall not commit or involve in
similar offences.
4. Petitioner shall appear before the Magistrate
Court regularly as and called for.
5. Petitioner shall furnish the attested copy of
the Adhaar cards.
Notwithstanding this order of regular
bail do not in any manner limit or restrict the
rights and duties of the police or investigating
agency, to investigate into the charges against
the petitioner.
(Dictated to the Judgment Writer, typed by her, taken print out,
corrected by me and then pronounced in the open Court on this the
28th day of June 2022)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH­64), Bengaluru City.