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Crl.Misc.No.3226/2024
KABC010091002024
IN THE COURT OF LV ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCC-56)
: Present :
Sri. SHRIRAM NARAYAN HEGDE,
B.A., LL.M.,
LV Addl. City Civil and Sessions Judge,
Bengaluru.
DATED: THIS THE 19TH DAY OF APRIL 2024
CRL.MISC. NO.3226 / 2024
PETITONER/S:
PRASANNA SATHYANARAYANA
S/O NARASIMHALU
AGED ABOUT 53 YEARS,
RESIDING AT NO. 102,
PRASANNA NILAYA,
6TH ‘E’ MAIN ROAD,
GAURAVNAGAR,
J.P. NAGAR 7TH STAGE,
BENGALURU – 560 078.
(By Sri.Yashvanth M., Adv..)
VERSUS
RESPONDENT
THE STATE OF KARNATAKA
BY MAGADI ROAD POLICE STATION,
BENGALURU,
(By Public Prosecutor)
ORDER
The petitioner / accused has filed this petition under
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Crl.Misc.No.3226/2024
Section 438 of Cr.P.C. seeking for an order of anticipatory
bail.
2.

On the complaint filed by Sri.Shyla Shree R.K. W/o
Lokanath,
a case is registered at the respondent police
station in Cr.No.77/2024 against the accused for offence
punishable u/S. 420, 406, 465, 468. 471 r/w S.149 of IPC.
3.

The case of the prosecution in brief is that, the
complainant was intending to purchase the house property.
She had informed the same to the accused No.2. Then the
accused No.2 introduced the accused No.1 and told that the
accused No.1 will make all arrangements to purchase the
property. The accused No.1 had told that the properties
seized by the bank will be auctioned and she can get those
properties for lesser price. By believing the words of the
accused No.1 and 2 the complainant paid Rs. 7,50,000/- as
an expenses. Subsequently, at the request of the accused,
the complainant had transferred Rs. 40 lakhs to the account
of the daughter of accused No.1. She gave Rs. 32.50 lakhs
to the daughter of the accused No.2 in cash.

Then the
accused have taken the car of the daughter of the
complainant.

The accused have taken Rs. 45 lakhs loan
from Hinduja Housing Finance and Rs.56,11,921/- from
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Crl.Misc.No.3226/2024
Piramal Housing Finance and Rs.25 lakhs from Equitus
Small Finance in the name of the complainant. They have
created documents. They have not provided any property to
the complainant. Hence, the complainant filed the aforesaid
complaint and now the investigation is going on.
4.

Now, this petitioner / accused is contending that he is
an innocent person and he has not committed any offence.
He is falsely implicated in this case.

The entire allegations
in the complaint is on Swetha Mohan and Nandini. This
petitioner is not having any connection with them.

This
petitioner has come from respectable family and he has got
deep roots in the society.
family.

He is the bread earner of his
He is the permanent resident of the address
mentioned in the cause title. He is ready to abide by the
conditions that may be imposed by this court.

Hence,
prayed to allow the petition.
5.

Learned Public Prosecutor has contested this petition
by filing detailed objections by reiterating the case of the
prosecution and further contended that there is a prima
face case against the petitioner. If he is enlarged on bail
they may tamper with prosecution witness. He
abscond. Hence, prayed to reject the bail application.

may
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Crl.Misc.No.3226/2024
6.

Heard arguments and perused the records.

7.

Now the point for determination is as follows.
“Whether the petitioner / accused has made out
sufficient grounds to grant an order of anticipatory bail
by resorting to special powers vested in this Court
under Section 438 of Cr.P.C.?”
8.

On the basis of the materials available on record
finding to the above point is in the AFFIRMATIVE for the
following.
REASONS
9.

I have gone through the entire materials available on
record. Even though the alleged offences are non-bailable,
they are not punishable with death or imprisonment for life.
It is not in dispute that these petitioner is the permanent
resident of the address mentioned in the cause title. There
is no criminal antecedents. The accused No. 2 to 9 in this
case
are
already
granted
bail
by
this
court
in
Crl.Misc.No.2633/2024. Under such circumstances, on the
ground of parity this accused is also entitle for bail.

Under
these circumstances, stringent conditions will meet the
objection of the prosecution. Hence, the aforesaid point is
answered in the AFFIRMATIVE and proceed to pass the
following.

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Crl.Misc.No.3226/2024
ORDER
Bail petition filed by the petitioner / accused under
Section 438 of Cr.P.C. is hereby ALLOWED.
In the event of arrest of this petitioner / accused in
Cr.No.77/2024 of respondent police they shall be enlarged
on
bail
by
accepting
personal
bond
in
a
sum
of
Rs.1,00,000/- with one surety for likesum, on the following
conditions.
1.

The petitioner / accused shall appear before the
Investigating officer within 10 days
from the date
of this order.
2.

He shall not tamper with prosecution witnesses in
any manner.

3.

He shall co-operate with Investigating Officer as and
when called for investigation.

4.

He shall not involve in any criminal activities.

5.

He shall not leave the jurisdiction of this court,
without prior permission of this court.

6.

He shall attend the court, regularly, on all the dates of
hearing, without fail.

(Dictated to the SG-I, transcribed by him and then corrected
by me and then pronounced in the open court on this the
19th day of APRIL 2024).

SHRIRAM
NARAYAN
HEGDE
Digitally signed
by SHRIRAM
(SHRIRAM NARAYAN HEGDE),
NARAYAN
HEGDE
LV Addl. City Civil & Sessions Judge,
Date:
Bengaluru. (CCH-56)
2024.04.19
16:36:29 +0530