KABC010018032023
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 21st day of January 2023
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.576/2023
PETITIONER
Sateesh Kumar.G
S/o Gangadhar M.N.,
Aged about 48 years,
Residing at No.13,
Pemmegouda Road,
J.C.Nagar, 1st Cross,
Bengaluru – 560 006.

:
(By Sri.Akshay Huddar, Advocate)
– Vs RESPONDENT
:
State by;
Amruthahalli Police Station,
Bengaluru.
(By Public Prosecutor)
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Crl.Misc.No.576/2023
ORDER
The petitioner has filed his 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.13/2023
of respondent Police Station for the offences punishable
u/s 447 and 427 of IPC.
2.

It is stated in the bail application that the
petitioner is an innocent and has not committed any
offences as alleged in the complaint. The offences
alleged against the petitioner are not punishable either
with death or imprisonment for life. The entire dispute
is civil in nature. There is no specific accusation against
the petitioner. The complaint is mere hearsay based
wholly on the statement given by the persons working
on the said property, mentioning the name of the
petitioner
to
be
their
employer.

Nowhere
in
the
complaint, there has been mention of the petitioner
committing any of the alleged offences. The petitioner
has no connection to the complainant nor does he know
the whereabouts of the said property. The petitioner is
not a party to the suit mentioned in the complaint i.e.,
OS No.6482/2014. In fact, the petitioner was a party to
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Crl.Misc.No.576/2023
the injunction suit in OS No.4402/2015, where the
Court has partly decreed the claim of both the plaintiff
and defendants in Sy.No.46/2 and 46/3.

In the said
judgment at Page No.15, it reveals that the plaintiff has
admitted that he has no right, title, interest or
possession over Sy.No.46/3. The complainant has
misconstrued the facts and has filed the present FIR.
The
petitioner
has
purchased
the
property
in
Sy.No.46/3 through the absolute Sale Deed dated
10.02.2015.

He is ready and willing to abide by the
terms and conditions imposed while releasing him on
bail. In view of registering of FIR, 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, the
materials collected during the investigation prima-facie
disclose that the petitioner has committed the offences
alleged against him. Hence, prayed to dismiss the bail
petition filed by the petitioner.
4.

Heard the arguments from learned Counsel for
petitioner and learned Public Prosecutor. Perused the
materials placed on record.

4
5.

Crl.Misc.No.576/2023
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
REASONS
7.

Point
No.1:- One Dr.Anantramayya filed the
complaint against the petitioner alleging that the
property
bearing
Sy.No.46/2,
BBMP
Khatha
No.58/112/46/2/154 in Srirampura village in Plot
No.154 purchased by him from Lt.Col.Jaishankar
Tiwari and got transferred the necessary documents to
his name and is in possession of the property. He has
also constructed the compound wall in the said
property.

The
said
Lt.Col.Jaishankar
Tiwari
had
purchased the said property from Royal Enclave
Developers. Thereafter, on 11.01.2023 at about 01.30
p.m., when the complainant went to his property, he
found that someone had trespassed into the said
property, destroyed the compound wall and removed a
trench in the said property.

When the complainant
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Crl.Misc.No.576/2023
asked the workers about their identity and what they
were doing on the said property, they replied to the
complainant that the said property belonged to the
petitioner and had allegedly asked them to work there.
Hence,
complainant
filed
a
complaint
before
the
respondent Police Station against the petitioner. On the
basis of the said complaint respondent/Police have
registered the FIR for commission of offences u/s 427,
447 of IPC.
8.

At the outset it is material to note that the offence
alleged for the offence punishable u/s 447 of IPC is non
bailable in nature but said offence is not punishable
with death or life imprisonment. The complainant filed
the complaint on the information alleged to have given
the workers. The involvement of petitioner is yet to be
proved. The truth is to be ascertained during the course
of trial. The offence alleged against the petitioner is
triable by Magistrate. From the allegations made in the
complainant it appears that the dispute between the
parties is Civil in nature. 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
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Crl.Misc.No.576/2023
that may be imposed by this Court on him. The offence
alleged against the petitioner is 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 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;
ORDER
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.13/2023 of Amruthahalli Police Station, is
directed to enlarge him on bail on executing his
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Crl.Misc.No.576/2023
personal bond for Rs.60,000/- with one surety for
like sum subject to following conditions:
1. Petitioner shall appear before the respondent
police within 20 days from the date of this
order.
2. Petitioner shall not tamper with
prosecution witnesses in any manner.

the
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 appear before the I.O. as and
when called for investigation.
6. Petitioner shall furnish the attested copy of
the Adhaar card and present residential
address proof to the I.O.
Notwithstanding
this
order
of
anticipatory bail do not in any manner limit
or restrict the rights and duties of the police
or investigating agency, to investigate into
the charges against the petitioner.
(Dictated to the Judgment Writer directly on Computer, typed by
her, taken print out, corrected by me and then pronounced in the
open Court on this the 21st day of January 2023)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.