KABC010079862024 IN THE COURT OF THE LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64) AT BENGALURU Dated this the 1st day of April 2024 : PRESENT : Sri.A.V.Patil, B.Com., LL.B., LXIII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY. CRIMINAL MISCELLANEOUS NO.2846/2024 PETITIONER : Raju S/o Mahadeva, Aged about 34 years, Residing at No.82, 4th Cross, 7th Main, Kaveri Nagar, Banashankari II Stage, Bengaluru. (Accused No.2) (By Sri.Murthy M.V., Advocate) – Vs – RESPONDENT : State by K.S.Layout Police Station, Bengaluru. (By Public Prosecutor) 2 Crl.Misc.No.2846/2024 O R D E R The petitioner has filed this petition u/s 438 of Cr.P.C, for his release on bail in the event of his arrest in connection with a case registered in Cr.No.94/2016 (CC No.15539/2017) of respondent Police Station for the offences punishable u/s 406, 408, 420, 120B r/w 34 of IPC.

2. It is stated in the bail application that the

petitioner is an innocent of the offences. Nothing has been recovered at the instance of the petitioner. The offences alleged are not punishable with imprisonment for life or death. The petitioner hails from a respectable family and has no bad antecedents. He is ready and willing to abide by the terms and conditions imposed while releasing him on bail. Petitioner has no criminal incidents. 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 sheet against him. Filing of charge sheet itself shows that petitioner has committed the offence alleged in the 3 Crl.Misc.No.2846/2024 charge sheet. Among other grounds prayed to dismiss the bail application filed by the petitioner.

4. Heard the arguments of the learned Counsel for

the petitioner and the 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:- It is the case of prosecution that

Manager of Indian Overseas Bank, lodged complaint stating that, accused No.2 to 7 availed jewellary loan by pledging spurious jewels based on the appraisal report of accused No.1. Accused No.1 who is a goldsmith by profession and is bank panel appraiser and he colluded with other accused persons cheated the bank. In the audit inspection conducted by the officials deputed by the regional office and on re-appraisal of the said jewelleries it is found that the articles are of lesser 4 Crl.Misc.No.2846/2024 quality of approximately 10 carat and committed the offence as alleged charge-sheet by the petitioner and others.

8. At the outset it is material to note that the offences

alleged against the petitioner are non bailable in nature, are not punishable with death or imprisonment for life. The truth is to be ascertained during the course of trial. Already the charge sheet is filed and the presence of petitioner is not required. The offences alleged against the petitioner are triable by the Court of Magistrate. 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. He is ready to furnish the surety and ready to abide by the conditions that may be imposed by this Court on them. The involvement and the commission of offences by the petitioner is yet to be proved and he has no bad antecedents. The offences alleged against the petitioner are 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 5 Crl.Misc.No.2846/2024 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 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.

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

I proceed to pass the following; 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 No.94/2016 (CC No.15539/2017) of respondent Police Station, is directed to enlarge him on bail on executing his personal bond for Rs.70,000/- with one surety for like sum subject to following conditions:

1. Petitioner shall appear before the respondent police within 20 days from this date.

2. Petitioner shall not tamper with the prosecution witnesses in any manner. 6 Crl.Misc.No.2846/2024

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

(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 1st day of April 2024) (A.V.PATIL) LXIII ADDL.CITY CIVIL & SESSIONS JUDGE (CCH-64), BENGALURU CITY.