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Crl. Misc. No.5975/2022
KABC010160462022
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 12 th day of July, 2022
-: PRESENT :Sri R.Ravi, B.Sc., LL.B.,
LXI Addl. City Civil & Sessions Judge,
Bangalore, (CCH-62)
CRL. MISC. No.5975/2022
Petitioner/s
:
1. Ramesh Babu.K.N
S/o.Late K.S.Narayana Setty
Aged about 55 years
R/a.No.82/4, 4th Floor
‘Sai Rathna’
2nd Cross, 2nd Block
Thyagarajanagara
Bengaluru-560 028.
(Accused No.1)
(By Sri.Rajanna.G.K., Adv.)
V/s
Respondent
:
The State by
City Market Police Station
Bengaluru.
(Rep. by Public Prosecutor,
Bengaluru.)

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ORDER ON ANTICIPATORY BAIL APPLICATION ONE
FILED BY THE PETITIONER UNDER SECTION 438 OF
Cr.P.C.
The case of the petitioner is that he is innocent & he has
not committed any offences either directly or indirectly and he
is no way concerned to the alleged crime & he has been
falsely implicated in the alleged crime by the respondent
police and at no point of time he has cheated the
complainants bank in whatsoever manner and he hails from
respectable family having no bad antecedents and there is no
specific allegations made against the petitioner and there is
no specific overt act attributed against him and he is
permanent resident of Bengaluru City and the alleged
offences are not punishable with death or imprisonment for
life and the matter is purely civil in nature and he is ready
and willing to abide by the terms and conditions that may be
imposed by the court and to offer surety to the satisfaction of
the court & since the respondent police have registered a
false case in Cr. No.91/2022 for the offences punishable
under Section
406 & 420 R/w. Section 34 of IPC and are
trying to arrest him then he is constrained to file this petition
for granting of anticipatory bail.

2. On the other hand the learned Public Prosecutor has
filed his objections along with the
report of the I.O. &
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opposed the above application that the grounds urged for
granting anticipatory bail are not satisfactory & the matter is
still under investigation & now at this stage if the petitioner
is granted anticipatory bail then he may abscond & tamper
the prosecution witnesses & accordingly prayed for rejection
of the bail petition.

3. I have heard the arguments of both sides & the points
that would arise for my consideration are as here under;
1) Whether the petitioner has made
out a prima-facie case for grant of
anticipatory bail as prayed in the bail
petition?
2) To what Order?

4. My findings on the above points are as follows:Point No.1 – In Affirmative with conditions;
Point No.2 – As per final Order, for the following;
R E A SON S
5. Point No.1:- On perusal of the FIR & complaint it is
alleged against the petitioner and other accused persons that
they had borrowed loan from Vysya Co-operative Bank to the
tune of Rs.3,67,00,000/- for construction of apartment by
pledging property bearing Municipal No.24/1-1 & 33-235, PID
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No.28-226-24/1/1, Sourashtrapete, Chickpet, Bengaluru and
thereafter petitioner and other accused persons have failed to
pay the EMI and when the complainant bank went to affix the
SARFACEI notice then they have noticed that petitioner and
other accused persons without obtaining NOC from the said
bank have sold the apartments and have committed breach of
trust and thereby committed the alleged offences punishable
under section 406 and 420 R/w. Section 34 of IPC.

6. Now, it is the contention of the petitioner that he has
not at all committed the alleged offences and they were
regularly paying the EMIs to the Bank & due to Covid-19
pandemic during the year 2020-2021 the petitioner & other
accused persons went on postponing the repayment of the
loan and he is ready to clear the entire amount with respect
to the said property and he also undertakes to co-operate
with the investigating officer.

7. On the other hand though the prosecution has
opposed the case of the petitioner that if the petitioner is
granted anticipatory bail then he may abscond and tamper
the prosecution witnesses is concerned, the same do no hold
any water as the complaint copy & copy of the driving license
one produced by the petitioner clearly shows that he is the
permanent resident of Bengaluru and his presence can be
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Crl. Misc. No.5975/2022
easily secured before the court.

8. And more over since the alleged offences under
Section 406 and 420 R/w. Section 34 of IPC are not at all
punishable with death or life imprisonment & since the I.O.
report allegedly shows that the petitioner has not at all sold
the alleged flats but have given them on rent and since it is
an admitted fact that the alleged apartment has been
mortgaged to the said Bank and the bank authorities have
also initiated SARFACEI Proceedings
& since the alleged
offences against the petitioner has to be decided through a
thorough trial and since the alleged offences appears to be
civil in nature and since in the ruling of 2020(1) KCCR SN
29 (SC) it has been clearly held that – ‘When the matter is
civil in nature, the continuation of criminal proceedings
will be abuse process of law’ since the alleged offences
against the petitioner has to be decided through a thorough
trial and since the apprehension of the prosecution could be
met by imposing stringent conditions then looking into the
nature and gravity of the alleged offences, I am of the
considered opinion that the petitioner has made out a primafacie case for grant of anticipatory bail subject to conditions
and accordingly, I have answered the above point No.1 in
affirmative.

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9.

Point No.2 :- In view of the discussion made on
point No.1 and further holding it in the affirmative, I proceed
to pass the following:O R DE R
The anticipatory bail petition one filed by
the petitioner u/s 438 of Cr.P.C., is hereby
allowed subject to following conditions;
1. That in the event of arrest of the
petitioner in Cr. No.91/2022 of respondent
Police he shall be released on bail on executing
a personal bond for Rs.1,00,000/- with one
surety for like sum amount.
2. That the petitioner shall appear before
the I.O. within 30 days from the date of this
order and shall co-operate in the matter of
investigation or whenever called by the I.O.
3. That the petitioner shall mark his
attendance before the respondent Police Station
once in a month on 2nd Saturday of every month
till filing of charge sheet.
4. That the petitioner shall not hold any
threat to the complainant and shall not tamper
with any of the prosecution witnesses directly or
indirectly.

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Crl. Misc. No.5975/2022
5. That the petitioner shall not leave the
jurisdiction of the court without prior permission
6. That the petitioner shall furnish his
residential address proof and that of his surety.
7. That the petitioner shall not indulge in
similar type of offences in future.
8. That the petitioner shall appear before
the trial court regularly without fail on receipt of
the summons.
9. That if the petitioner fails to obey any of
the above said conditions, then this bail order
automatically stands cancelled.
(Dictated to the Stenographer directly on the computer, corrected, signed and then pronounced by
me in the open Court on this the 12th day of July, 2022).

(R.RAVI)
LXI ACC & SJ, B’luru
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Crl. Misc. No.5975/2022
12.07.2022
P-RGK
R-PP
Order
Order pronounced in open Court (vide separate
order) with the following operative portion:-
ORDER
The anticipatory bail petition
one filed by the petitioner u/s 438 of
Cr.P.C., is hereby allowed subject to
following conditions;
1. That in the event of arrest of
the petitioner in Cr. No.91/2022 of
respondent Police he shall be released
on bail on executing a personal bond
for Rs.1,00,000/- with one surety for
like sum amount.

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Crl. Misc. No.5975/2022
2.

That
the
petitioner
shall
appear before the I.O. within 30 days
from the date of this order and shall
co-operate
in
the
matter
of
investigation or whenever called by the
I.O.
3. That the petitioner shall mark
his attendance before the respondent
Police Station once in a month on 2 nd
Saturday of every month till filing of
charge sheet.
4. That the petitioner shall not
hold any threat to the complainant and
shall not tamper with any of the
prosecution
witnesses
directly
or
indirectly.
5. That the petitioner shall not
leave the jurisdiction of the court
without prior permission
6.

That
the
petitioner
shall
furnish his residential address proof
and that of his surety.
7. That the petitioner shall not
indulge in similar type of offences in
future.

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8.

That
the
petitioner
shall
appear before the trial court regularly
without fail on receipt of the summons.

9. That if the petitioner fails to
obey any of the above said conditions,
then this bail order automatically
stands cancelled.

(R.RAVI)
LXI ACC & SJ, B’luru
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