KABC010076322024 IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.No.68) PRESENT SRI. KASHIM CHURIKHAN, B.A., LL.M. LXVII Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 16th day of April 2024 Crl.Misc.No. 3078 /2024 Petitioners: 1. Prasanna, S/o K.P. Munireddy, Aged about 51 years, R/at No.8, 1st ‘A’ Cross, 5th Block, Koramangala, Bengaluru -95.

2. Lakshman V, S/o Veerabhadra, R/at No.228, Chikkabegur Main Road, Singasandra, Bengaluru South, Bengaluru -68.

(By Sri. K.S.R, Adv.) -Vs- Respondent: State by Bandepalya Police, Bengaluru. (By learned PP) ORDER ON BAIL PETITION The petitioners have filed bail petition u/s.438 of Cr.P.C., sought for the anticipatory bail in event of their 2 Crl.Misc.No.3078/2024 arrest in Cr.No.92/2024 of the respondentBandepalya Police Station, Bengaluru registered for the offences punishable u/s.506, 504, 384, 342 of IPC, pending on the file of learned 9th A.C.M.M, Bengaluru.

2. The brief facts of the case are as under:

The informant has lodged the report to the Police stating that he made an agreement with accused No.1 companyFramed Builders and Developers Pvt. Ltd. for construction of informant’s building for Rs.1,20,75,458/-. After completion of work, informant paid the entire agreed amount. However, the accused demanded Rs.24,73,967/- in addition to the agreed amount. When the informant is reluctant to pay the additional amount, the accused No.1 threatened his and his family members life. Thereafter on 14.03.2024, at about 5.00 p.m. the accused No.1 sent accused No.2 to the informant’s company and forcefully closed the company door and confined his wife and staff in the office room. Further, it is alleged that when the informant telephoned the accused No.1, he threatened that he will not open the door until the informant pay the additional amount.

3. In the bail petition, the petitioners being accused

No.1 and 2 have contended that they are innocent of the alleged offence. They are not at all connected to the alleged offences. Based on the imaginary and concocted stories, complainant has lodged the information to shirk 3 Crl.Misc.No.3078/2024 away from the loan liability. There is inordinate delay in lodging the complaint. The offences alleged against the petitioners are neither punishable with death or life. The petitioners hail from respectable family; they are law- abiding citizen and there is no bad antecedent against them. The petitioners are ready and willing to abide the terms and conditions those going to be imposed by this Court and ready to offer surety to the satisfaction of the Court, if anticipatory bail is granted. Hence, sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that the investigation is not yet completed. There are prima-facie materials as to the commission of alleged offences. The petitioners have not assigned any genuine reasons for granting bail. The petitioners are absconding from the date of commission of alleged offences. At this stage, if the petitioners are enlarged on anticipatory bail, they may threaten the prosecution witnesses, destroy the prosecution evidence and hamper the investigation by fleeing away from justice. Hence, sought for rejection of the bail petition.

5. Heard.

6. The points raised for determination are as under:

1. Whether the petitioners have made out sufficient grounds to enlarge them on bail?

2. What Order? 4 Crl.Misc.No.3078/2024

7. My findings to the above points are as under:

Point No.1: Affirmative, Point No.2: As per the final order, for the following: R E A S O N S

8. Point No.1: The case of the prosecution is that

accused demanded additional amount from the informant after completion of building work. The accused also threatened the life of informant and his family members when he refused for additional payment. Further, the accused wrongfully confined the wife of informant and his staff members in a room of informant’s company office. The same has been denied by the learned counsel for petitioners.

9. It is submitted by the learned counsel for the

petitioners that the informant has not paid the entire agreed amount. There is due of Rs.85 lakh from informant. When the accused No.1 demanded balance amount, false case is registered to avoid payment. Hence, the learned counsel prays to allow the bail petition.

10. The learned Public Prosecutor has submitted that

agreed amount is Rs.1,24,00,000/- and the same was paid by the informant. The accused have not denied the transaction between them and informant. Therefore, prays to dismiss the bail petition. 5 Crl.Misc.No.3078/2024

11. The alleged facts are all to be proved in full-

fledged trial with authenticated testimony of the prosecution witnesses. That apart, securing the accused for the purpose of investigation and trial are the criteria to grant bail. Hence, the involvement of the petitioners in the commission of alleged offences is to be proved in the course of trial. The offences alleged against the petitioners are not punishable with either death or imprisonment for life. The apprehension of the petitioners as to likelihood of their arrest by the respondent Police is well founded. The petitioners have undertaken to abide the bail conditions and ready to furnish surety for their due appearance before the Court. The apprehension of prosecution could be dealt with by imposing some conditions. Accordingly, I answer the Point No.1 in the affirmative.

12. P oint No.2 : In view of my findings on Point No.1

as above, I proceed to pass the following: O R D E R The bail petition filed by the petitioners u/s.438 of Cr.P.C, is allowed, subject to the following conditions:

1. The petitioners are ordered to be released on bail in the event of their arrest in Cr.No.92/2024 of the respondentBandepalya Police Station, Bengaluru on executing their personal bond for a sum of Rs.1,00,000/- each along with one surety for like sum; 6 Crl.Misc.No.3078/2024

2. The petitioners shall appear before the Investigating Officer within 15 days from the date of this order and to assist him in investigation as and when required;

3. The petitioners shall appear before the trial Court on all the hearing dates;

4. The petitioners shall not tamper with the prosecution witnesses;

5. The petitioners shall not indulge in committing any offences.

(Dictated to the Stenographer Grade-I directly on computer, corrected, signed and then pronounced by me in the open court on this the 16th day of April 2024) (Kashim Churikhan) LXVII Addl. City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.24 11:36:00 +0530