KABC010081382024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 4th day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.2897/2024 PETITIONER : Prabhath Kumar Upadhyay S/o Anil Kumar Upadhyay, Aged about 37 years, Residing at No.301, Akme Ballet, Behind Arena Mall, Dodda Nekkunhi, Bengaluru North, Bengaluru – 560 037. (By Sri.Sandesh Kumar.M, Advocate) – Vs – RESPONDENT : State by CCB Police Station/ Hennur Police Station, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.2897/2024 O R D E R The petitioner has filed this petition u/s 438 of Cr.P.C., for release on bail in the event of his arrest in connection with a case registered in Cr.No.262/2019 (CC No.4469/2021) of respondent Police Station for the offence punishable u/s 420 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 the only source to organize for a donor or he himself has to donate a kidney to her. Petitioner is a huge income tax payer. The offence alleged against the petitioner is not punishable either with death or imprisonment for life and are triable by the Court of Magistrate. He is ready and willing to abide by the terms and conditions imposed while releasing him on bail. In view of registering of FIR, he apprehends his arrest. Hence, prayed to grant anticipatory bail.

3. The learned P.P. has opposed the bail application

by filing the objections statement. According to him, IO after due investigation found that petitioner has committed the offences and hence, filed the charge 3 Crl.Misc.No.2897/2024 sheet against him. Filing of charge sheet itself shows that petitioner has committed the offence alleged in the charge sheet. Among other grounds prayed to dismiss the bail application 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 anticipatory bail as prayed in the application filed under Sec.438 of Cr.P.C.?

2. What order?

6. My answer to 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:- As per the charge sheet allegations

petitioner and other accused persons running office Future Education Consultant near Crist Hospitial. They used to call the candidates who appeared for NEET examination and made them to believe that they will provide seats in prestigious Colleges of Karnataka and India for money. Petitioner/accused No.2 in order 4 Crl.Misc.No.2897/2024 to earn money by illegal means along with other accused used to call the candidates who appeared for NEET examination and made them to believe that they will provide seats in prestigious Colleges of Karnataka and India and collected amount and fails to provide seats and thereby cheated innocent persons. On investigation IO filed the charge sheet for the aforesaid offence which is non-bailable in nature.

8. The complaint is filed against the accused No.1

and 2. After investigation charge sheet is filed against accused No.1 to 5.

9. At the outset, it is material to note that though

offence punishable u/s 420 of IPC is non bailable in nature, is not punishable with death or life imprisonment. The investigation is already completed and charge-sheet is filed and therefore, the presence of petitioner/accused No.1 is not required. The involvement and commission of offence punishable u/s 420 of IPC by petitioner is yet to be proved. The truth is to be ascertained during the course of trial. Moreover, the offence alleged against the petitioner is triable by Court of Magistrate. As per the charge sheet other 5 Crl.Misc.No.2897/2024 accused have already been enlarged on bail. 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 averments of bail application, the petitioner is the permanent resident of the address shown in the petition. The offence alleged against the petitioner is cognizable offences and as per the provisions of Cr.P.C. the I.O. may arrest the petitioner without warrant. The apprehension of the prosecution can be taken care of by putting suitable conditions. Having regards to the facts and circumstances of the case, gravity of the offences alleged, punishment prescribed for them, petitioner is the permanent resident of Bengaluru and apprehension of the arrest of the petitioner by the I.O. in the considered opinion of this Court the petitioner is entitled to grant anticipatory bail by imposing appropriate conditions. Accordingly, I answer this point in the affirmative.

10. Point No.2:- In view of my findings on Point No.1,

I proceed to pass the following; 6 Crl.Misc.No.2897/2024 O R D E R The bail petition filed by petitioner u/s 438 of Cr.P.C is hereby allowed and anticipatory bail is granted. In the event of his arrest by the I.O. in Crime Cr.No.262/2019 (CC No.4469/2021) of Hennur Police Station, is directed to enlarge him on bail on executing his personal bond for Rs.90,000/- with one surety for like sum subject to following conditions:

1. Petitioner shall appear before the respondent Police within 20 days from the date of this order.

2. Petitioner shall not tamper with the prosecution witnesses in any manner.

3. Petitioner shall appear before the Court during trial and co-operate for the disposal of the case.

4. Petitioner shall not commit similar to the offence alleged against him.

5. Petitioner shall appear before the I.O. as and when called for investigation.

6. Petitioner shall furnish the attested copy of his respective Adhaar card and present residential address proof to the I.O.

Notwithstanding this order of 7 Crl.Misc.No.2897/2024 anticipatory 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 Stenographer Grade-I directly on Computer, typed by her, taken print out, corrected by me and then pronounced in the open Court on this the 4th day of April 2024) (A.V.PATIL) LXIII Addl. City Civil and Sessions Judge (CCH-64), Bengaluru City.