Crl.Misc.2869/2024 KABC010080342024 IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) Dated this the 14th day of May, 2024 :PRESENT: Sri.Sabappa,B.Com.,LLB(Spl.) LXVIIIAddl.CityCivilandSessionsJudge, Bengaluru City. CRIMINAL MISCELLANEOUS No.2869/2024 PETITIONERS : 1. Sandesh Mane, S/o R. Sadashiva Rao, Aged about 35 years, R/at No.350/3, Chandrashekar Azad Raod, Near Gavigangadhareshwara Temple Road, Gavipuram, Bengaluru – 560 019.

2. Bharath Kumar.N, S/o Nataraj Murthy, Aged about 41 years, R/at No.45, 2nd Main, Near Kempegowda Swimming Pool, Bhavani Nagar, Bengaluru – 560 019.

(BySri. S. Rama Rao, Adv.,) Crl.Misc.2869/2024 V/s RESPONDENT : State by; Cubbon Park Police Station, Bengaluru. (RepresentedbyPublicProsecutor) ORDER ON BAIL PETITION U/SEC.438 OF CR.P.C. This petition is filed by the petitioners under Sec.438 of Cr.P.C., seeking anticipatory bail in the event of their arrest in connection with Cr.No.199/2023 registered by the Cubbon Park Police, for the offences punishable under Secs.419 & 420 r/w 34 of I.P.C.

2. The brief facts of the case of the petitioner' is that, the

respondent police have registered case against the petitioners in Cr.No.199/2023 for the offences punishable under Secs.419 & 420 r/w 34 of I.P.C on the complaint lodged by one Sathisha. It is alleged in the complaint that, on 19.08.2023 he received a call from Recovery Agent on behalf of YES BANK, who asked him to pay the EMI amount to the said Bank. On an enquiry and verification by the complainant, he came to know that one person by name Sathish has created fake Pan Card by affixing the photos of complainant on it and obtained the loan in the said bank and he has not repaid the same. Hence, complainant lodged the complaint. Thereby, the petitioners are apprehending their arrest by the respondent police has filed this anticipatory bail application. Crl.Misc.2869/2024

3. The grounds urged by the petitioners are as under.

The petitioners submitted that, they are innocents of the alleged offences. They are respectable citizens. They have no previous bad antecedents. They have been falsely implicated in this case. There is no incriminating evidence against them. They are permanent residents of address shown in the cause title. The alleged offences are not punishable with death or imprisonment for life. The matter is purely civil in nature. They are ready to abide by all the conditions imposed by this Court. They are ready and willing to furnish surety to ensure their regular appearance. Hence, sought for grant of anticipatory bail.

4. The learned Public Prosecutor has filed objections to

the bail petition along with the report of the P.S.I, Cubbon Park Police Station. In the objections the learned Public Prosecutor has narrated the facts as stated in the F.I.R. The investigation of the case is under progress. The petitioners are involved in the commission of the alleged offence. The petitioners are required for interrogation. If the petitioners are granted bail, there is every chance that they may abscond and not co-operate with the investigation and may tamper the evidence. Therefore, the P.P has sought for rejection of bail.

5. Heard both sides. Perused the materials on record.

6. The points that arise for my consideration are: Crl.Misc.2869/2024

1. Whether the petitioners have made out sufficient grounds for grant of anticipatory bail as sought for?

2. What order?

7. My findings 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

8. POINT No.1: I have gone through the bail petition and

objection statement. It is noticed that the respondent police registered case against the petitioners in Cr.No.199/2023 for the offences punishable U/Secs.419 & 420 of IPC. One Sri.Sathisha has lodged the complaint. It is the case of the complainant that, he has not obtained any loan from the bank. Inspite of it, the bank has issued notice to him to pay the EMI. Thereby, he has lodged the complaint. The present petitioners received the notice from the police regarding the above case. Thereby, they have approached this Court by filing the present bail petition.

9. Moreover, the alleged offences are not punishable with

death or imprisonment for life. It is triable by the Magistrate Court. In order to ascertain the reality it requires trial. Based on the complaint and FIR it is not possible to hold that the petitioners are involved in the commission of the alleged offences. The Crl.Misc.2869/2024 complainant stated in the complaint that, he had PAN Card. It is misused by the petitioners and another and obtained loan from the bank. If it is so, there is no impediment on the part of the complainant to lodge the complaint at the earliest point of time. Moreover, the bank has issued notice to the complainant on 19.08.2023 to pay the EMI. But the complainant has kept quite till 07.10.2023. This goes to show that, the complainant has knowledge about the notice in the month of August 2023. He has waited for two months. Later on, he has lodged the complaint. Thereby, this Court come to the conclusion that, the petitioners being the residents of the address mentioned in the cause title, the I.O has already conducted the mahazar and obtained the cheque and application and he is yet to submit the same to the FSL for examination. This goes to show that the I.O has conducted part of the investigation. Thereby, at this stage, the petitioners are able to made out sufficient grounds to enlarge them on anticipatory bail.

10. At this juncture, this Court feels that, while considering

the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. In view of the above discussion, I come to the conclusion that at this stage the petitioners have made out sufficient grounds to enlarge them on bail. Moreover, the prosecution contended that in case petitioners are enlarged on bail, they may abscond, threaten the prosecution witnesses and hamper the evidence. Thereby this court Crl.Misc.2869/2024 come to conclusion that if some stringent conditions are imposed on the petitioners and granted bail, the apprehension of the prosecution could be safeguarded. At this juncture, on perusal of entire records, this Court feels that the petitioners have made out sufficient grounds to enlarge them on bail. Hence I answer above point No.1 in the Affirmative.

11. POINT NO.2: In view of my findings point No.1, I

proceed to pass the following: O R D E R Bail petition filed by the petitioners under Sec. 438 of Cr.P.C is hereby allowed. Petitioners are ordered to be released on anticipatory bail in the event of their arrest in Cr.No.199/2023 of Cubbon Park P.S., on executing their personal bonds for Rs.50,000/- each with one surety for the like sum on the following conditions.

1. The petitioners shall appear before the

IO within 30 days from the date of this order and co-operate for investigation.

2. The petitioners shall not tamper with

the Prosecution witnesses either directly or indirectly in any manner.

3. They shall co-operate for investigation Crl.Misc.2869/2024

by the concerned police and regularly appear before the concerned court as and when required.

4. They shall not abscond from the

ordinary residence and they should furnish the address proof to the concerned police.

5. They shall not indulge in any kind of

offence.

6. They shall not leave the jurisdiction of

the court without prior permission.

7. They shall mark the attendance in the

respondent P.S between 10.00 a.m to 6.00 p.m once in a month i.e., on 2nd Sunday till filing of the final report. If any of the above conditions violated the IO is at liberty to move for cancellation of bail. (Dictated to the Stenographer, typed by her directly on Computer, revised, corrected and then pronounced by me in the opencourtonthisthe 14th day of May, 2024) (Sabappa) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City. Crl.Misc.2869/2024 ORDERS PRONOUNCED IN THE OPEN COURT, VIDE SEPARATE ORDER Bail petition filed by the petitioners under Sec. 438 of Cr.P.C is hereby allowed. Petitioners are ordered to be released on anticipatory bail in the event of their arrest in Cr.No.199/2023 of Cubbon Park P.S., on executing their personal bonds for Rs.50,000/- each with one surety for the like sum on the following conditions.

1. The petitioners shall appear before the IO within 30 days from the date of this order and co-operate for investigation.

2. The petitioners shall not tamper with the Prosecution witnesses either directly or indirectly in any manner.

3. They shall co-operate for investigation by the concerned police and regularly appear before the concerned court as and when required.

4. They shall not abscond from the ordinary residence and they should furnish the address proof to the concerned police.

5. They shall not indulge in any kind of offence.

6. They shall not leave the jurisdiction of the court without prior permission.

7. They shall mark the attendance in the respondent P.S between 10.00 a.m to 6.00 p.m once in a month i.e., on 2nd Sunday till filing of the final report. Crl.Misc.2869/2024

If any of the above conditions violated the IO is at liberty to move for cancellation of bail. LXVIII A.C.C & S.J, Bengaluru City.