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Crl. Misc. No.3128/2024
KABC010088442024
IN THE COURT OF THE LX ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH-61)
:PRESENT:
Sri Narashimsa M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge, Bengaluru City.
Dated this the 10th day of April, 2024.
Crl.Misc. No. 3128/2024
PETITIONERS:-
1) Smt.Priscilla Neha David Chelli,
D/o. David J. Chelli,
Aged about 32 years,
R/at # 150, 7th Cross, I Block,
Ramakrishna Nagar,
Mysore-70022.
(Accused No.1)
2) Sri.Chetan Kumar R.,
S/o. Revanna R.,
Aged about 31 years,
R/at # 753, SBI Bank Road,
Subhash Nagar, Near Surya Bakery,
Hebbal, Mysore-570 016. (Accused No.3)
(Rep by VKTM – Advocate)
-VS-
RESPONDENT:-
The State of Karnataka
By: West CEN Crime Police Station,
Bengaluru.
(By Public Prosecutor)
ORDER
Accused No.1 and 3 in West CEN Crime Police Station Crime
No. 192/2024 has filed this Anticipatory bail application under Sec.
438 of Cr.P.C. They are
alleged to have committed offences
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Crl. Misc. No.3128/2024
punishable under Section 66( C) & 66(D) of I T Act and u/S 420 of
IPC.
2.

Brief facts of the case as forthcoming from bail petition
are as under:
On the basis of complaint lodged by Rajesh G.C. in CEN Police
station, case against petitioner in crime No. 192/2024 for offence
punishable u/S 66(C) & 66(D) of I T Act and u/S 420 of IPC has
been registered. In complaint it is stated that Priscilla Neha David
Chelli and Chethan Kumar are partners, of the firm/company called
“Aloha Immigration”. Directors are “Soniya and Kevin” and
“Ashok
Kumar”. In Singasandra and vidyaranyapura they run a fraudulent
company. They collect money from innocent student in the name
of job and duping
people by
telling that they could get job in
abroad, in India in Infosys. They are conducting fake interviews for
complainant and others online and sending mails as having been
selected for Privna and Infosys asking people to pay money to
different accounts. As per FIR summary the complaint alleged that
on 16.06.2023 one person named Priscilla sent What App
messages and made video calls from 084319070, 08073601578
number to complainant and told that, she would give him job in
U.K., Priscilla introduced Soniya and Chethan to complainant as
directors of company and further assured that they would get a job
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Crl. Misc. No.3128/2024
to
wife of complainant in
U.K provided he would have to pay
17,00,000/- as commission. The complainant agreed to same and
they took online interview of Ramya ( wife of complainant) and
after the interview when advance commission was demanded by
accused
persons,
installments
from
complainant
his
transferred
Karnataka
Bank
Rs.8,18,500/account
in
number
4992500102361901 to the unknown person bank accounts,
one
ICICI Bank account number 14280152711, HDFC Bank account
No.068311400015256 and also to
UPI ID.

But later
Priscilla,
Chethan and Sonia failed to secure job for complainant and also
refused to return back the money.
.
3.

The grounds urged in this petition are that petitioner has not
committed any offences as alleged by prosecution. It is submitted
that absolutely there is no incriminating material against petitioners.
Prima-facie case is not made out against
allegations of
complaint are false.

petitioners.

The
Petitioners have not at all
involved in any offence as alleged by prosecution. The petitioners
have no bad antecedents. The petitioners are permanent residents
of the above said addresses. The accused No.1/ petitioner No.1
herein was appointed as employee of Aloha Immigration Pvt. Ltd.
as trainer, she is a qualified English language trainer and also she
is getting a salary of Rs.38,000/- per month. The petitioner No.1 and
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Crl. Misc. No.3128/2024
2 are employees of company Aloha Immigration and they don’t
know about the transaction between company and complainant. It
is further submitted that
against
petitioners a false case is
registered. The petitioners are only employees. The petitioners
being a law-abiding citizens are
shocked to hear this artificial
litigation created by complainant and filed this false complaint
against petitioners. The respondent police used to visit house of
petitioners and harassing family members. The petitioner is having
very much apprehension of torture and ill-treatment by respondent
police and being
parade with handcuff in public place.

The
petitioner is born and brought up from respectable family. He is
having deep roots in society and he has no bad antecedents. The
petitioners not at all committed any offence punishable with
imprisonment for life or death. Petitioners are ready and willing to
abide by any condition that may be imposed by this court and shall
not tamper with
prosecution witnesses, petitioners are ready to
furnish surety to satisfaction of this court, they undertakes to abide
by all conditions that may be imposed by this Court.
4.

Leaned Public Prosecutor has filed objections to bail
application along with Memo of instructions given by Investigating
Officer.

In objections, averments made in
first information are
reiterated. Further, it is stated that accused does not deserve to be
enlarged on bail,
if they are enlarged on bail, there is every
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Crl. Misc. No.3128/2024
possibility of they absconding from jurisdiction of Court, they will
threaten the witnesses and destruct the evidence. Hence, prayed for
rejection of bail application.
5. Learned advocate for petitioners filed memo on 08.04.2024
with copy of emails
and
copy of NCR GP No. 79/2024 of
Kuvempunagar Police Station, Mysore.
6. Heard learned Advocate for petitioners/accused and the
learned Public Prosecutor.
7. The point that arise for consideration is :
(1) Whether Anticipatory bail application filed by
accused in West CEN Crime P.S Crime No.
192/2024 deserves to be allowed?
8. My finding to the above point is in the Affirmative, for the
following :REASONS
9. Point No.1: Along with this bail application, copy of first
information report in West CEN Crime Police Station Crime No.
192/2024, first information, copy of notice u/S 41(A) of Cr.P.C., dated
20.3.2024 is filed.
10. Perusal of first information discloses that Rajesh G.C.,
resident of BEML Layout, Bangalore is first informant. It is alleged
that accused No.1 and 3 are partners of a company by name “Aloha
Immigration” and other directors are Soniya and Kevin. It is alleged
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Crl. Misc. No.3128/2024
that
Accused No. 1 to 3 and
Ashok Kumar run a fraudulent
company in Vidyaranyapura and Singasandra, collect money from
innocent people, by assuring that
they
would get a job, fake
interviews were conducted and amount was collected. It is alleged
that accused No.1 to 3 induced first informant to transfer amount to
their bank accounts.
.

11.

It is necessary to note that amount transferred to the
Bank accounts of accused No.1 to 3 is a matter on record, which
cannot be destructed or effaced. It is pertinent to note here that the
date of transfers is not mentioned in first information. According to
first informant transfers were made on the assurance that job would
be provided.
.

12. Petitioners contend that they are employees under
Accused No.2, copy of email dated 16.11.2023, produced by A-1,
discloses that she has demanded A-2 to pay salary for the month of
August, September and November. Further on 21.02.2024, A-1 has
filed an NCR with Kuvempunagar Police against the first informant
and his wife. It is necessary to note that A-1 claims herself to be a
trainer in English Language.

.

13. What was the role of petitioner No.1 and 3 in commission
of the offence is a matter to be investigated. Offence alleged against
petitioners/accused No.1 and 3 is not punishable with death or life
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Crl. Misc. No.3128/2024
imprisonment.

The nature of allegations and the reasons for
transferring money is to be ascertained in a full-fledged trial.
Apprehension of prosecution can be meet by imposing conditions.
Hence, I answer above point in the affirmative and proceed to pass
the following:
ORDER
Anticipatory Bail application filed under Sec.438
of Cr.P.C. by petitioners/accused No.1 and 3 (Smt.
Priscilla Neha David Chelli and Sri.Chetan Kumar R) in
West CEN Crime Police Station Crime No. 192/2024 is
hereby allowed. Petitioner shall be enlarged on bail in
the event of his arrest subject to the following :
CONDITIONS
1. Petitioners/accused No.1 and 3 shall execute
personal bond for Rs 50,000/- each with one surety.
2. Petitioners/accused No.1 and 3 shall not
tamper with the prosecution witness or hamper the
investigation process in any manner.
3.
Petitioners/accused No.1 and 3 shall not
leave the jurisdiction of Trial Court without prior
permission.
4. Petitioners/ accused No.1 and 3 shall appear
before the investigating officer on or before 30.04.2024
and co-operate with investigation in all respects.
(Dictated to the Stenographer-II, transcribed and typed by him, after
corrections, pronounced by me in the Open Court on this the 10th day of April,
2024)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl. Misc. No.3128/2024
Order pronounced in the open Court vide separate order,
the operative portion is as under
ORDER
Anticipatory Bail application filed under Sec.438
of Cr.P.C. by petitioners/accused No.1 and 3 (Smt.
Priscilla Neha David Chelli and Sri.Chetan Kumar R) in
West CEN Crime Police Station Crime No. 192/2024 is
hereby allowed. Petitioner shall be enlarged on bail in
the event of his arrest subject to the following :
CONDITIONS
1. Petitioners/accused No.1 and 3 shall execute
personal bond for Rs 50,000/- each with one surety.
2. Petitioners/accused No.1 and 3 shall not
tamper with the prosecution witness or hamper the
investigation process in any manner.
3.
Petitioners/accused No.1 and 3 shall not
leave the jurisdiction of Trial Court without prior
permission.
4. Petitioners/ accused No.1 and 3 shall appear
before the investigating officer on or before 30.04.2024
and co-operate with investigation in all respects.
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru.