KABC010083332024 IN THE COURT OF THE LII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE (CCH-53) Dated this the 3rd day of April, 2024 PRESENT Sri.B.G.Pramoda, B.A.L., LL.B., LII Addl. City Civil & Sessions Judge, Bangalore. Crl.Misc.No.2949/2024 Petitioner: Smt.Nandini, W/o Lokesh, Aged about 42 years, R/at:No.87, 1st Main, Rajeshwarinagar, Dombarahalli, Lakshmipura Main Road, Bengaluru – 562123. (Accused No.1) (By Sri.Kiran Kumar M – Advocate) -V/S- Respondent : State of Karnataka By Chandra Layout Police Station, Bengaluru. (Represented by learned Public Prosecutor) 2 Crl.Misc.No.2949/2024

ORDER

This petition is filed by the petitioner U/Sec.438 of Cr.P.C., praying to grant bail to her in the event of her arrest in Crime No.133/2023 of Chandra Layout Police Station for the offences punishable u/Sec.420, 416, 468, 464 r/w Sec.34 of IPC, pending on the file of VIII ACMM, Bengaluru.

2. It is stated in the petition that the respondent

police have registered the case in Crime No.133/2023 against petitioner and others by alleging the offences punishable u/Sec.420, 416, 468, 464 r/w Sec.34 of IPC, on the basis of complaint given by one Roopa R. It is further stated in the petition that the petitioner is innocent and she has not committed any offences as alleged against her. The respondent police are making hectic efforts to arrest the petitioner. The petitioner has got strong apprehension of her arrest by respondent police. The petitioner is permanent resident of the address given in the cause title. She has got permanent abode, family and she is peace loving and law abiding citizen and hails from respectable family, deep rooted in the society and has no any bad antecedents. The petitioner is ready to abide by any terms and conditions that may be imposed by the court for her enlargement on bail. The petitioner is ready and willing to offer surety to the satisfaction 3 Crl.Misc.No.2949/2024 of the court. Hence, the petitioner has prayed to allow the petition.

3. The learned Public Prosecutor has filed the

objection to the petition along with I.O. report by opposing the grant of bail to the petitioners on the ground that the offence alleged to has been committed by the petitioners are grave in nature and against to society. It is further stated in the objection that the petitioner and other accused have cheated the informant and they have got created documents pertaining to the property of the informant and they have impersonated one lady as the informant and got executed the gift deed in favour of accused No.2 and thereafter accused No.2 has executed sale deed in favour of accused No.3 and the accused have obtained loan on the property and thereby cheated the informant. It is further stated in the objection that the case is still at the investigation stage. If the petitioner is enlarged on bail, she will abscond and she may not appear before Investigating Officer and she may hamper the investigation of the case. The petitioner may threaten the informant and other prosecution witnesses and she may try to destroy the evidence. The petitioner may commit similar offence in future. Hence, the learned Public Prosecutor has prayed to reject the petition filed by the petitioner. 4 Crl.Misc.No.2949/2024

4. Heard the arguments of Learned Public

Prosecutor and Learned counsel for the petitioner. Perused the petition, objection and other materials on record.

5. Having done so, the following points will arise for

my consideration: (1) Whether the petitioner has made out grounds for granting anticipatory bail U/s.438 of Cr.P.C.,? (2) What order?

6. My findings on the above points are as under:

(1) Point No.1 .. In the Affirmative (2) Point No.2 .. As per final order for the following: R E A S O N S

7. Point No.1:- The respondent police have registered

the case in Crime No.133/2023, against the petitioner and others by alleging the commission of offences punishable u/Sec.420, 416, 468, 464 r/w Sec.34 of IPC, on the basis of information given by one Roopa R. The petitioner has produced the certified copy of FIR, complaint and other documents. The petitioner is shown as accused No.1 in the FIR.

8. It is alleged in the FIR that the informant is the owner

of property No.33 and she was in need of loan. The accused No.1 has approached her and told that she will make 5 Crl.Misc.No.2949/2024 arrangement to get loan by the informant and obtained all the original documents and other documents pertaining to the property of the informant and also obtained the signatures of the informant to many documents in FBFC Finance Ltd., Basavanagudi and got sanctioned the loan of Rs.15,00,000/- in the name of the informant during May 2022 and the informant was repaying the loan amount. Thereafter, one person from the finance has approached the informant and told that Rs.52,00,000/- loan was obtained on her property and the loan installments are due. When the informant made enquiry, she came to know that after the accused No.1 obtained the documents from her pertaining to her property, on 28.09.2022 they took one lady by impersonating her as the informant to the Sub-Registrar Office of Srirampura and got transferred the property of the informant in the name of accused No.2 through gift deed. Thereafter, on 17.12.2022, accused No.2 has executed sale deed with respect to the said property in the name of accused No.3. The accused no.3 by colluding with accused No.4, the Manager of the Finance had obtained loan of Rs.52,16,440/- by mortgaging the said property and thereby the accused have cheated the informant and committed the other offences.

9. The offences alleged against the petitioner are

non-bailable in nature. As such, the petitioner has filed the present petition under the apprehension of her arrest by the 6 Crl.Misc.No.2949/2024 respondent police. Since FIR is registered against the petitioner by alleging the commission of non-bailable offence, there is possibility of arrest of the petitioner by the respondent police during the course of investigation of the case. It is also alleged by the petitioner that after registering the case against her, the respondent police are making hectic efforts to arrest her and there is reasonable apprehension of her arrest by the respondent police. If the petitioner is arrested by the respondent police without proper enquiry and without following the guidelines of the Hon'ble Supreme Court of India in Arnesh Kumar's case, the petitioner would be put to unnecessary hardship and humiliation.

10. The offences alleged against the petitioner are

not exclusively punishable with death or imprisonment for life. The alleged offences are triable by learned magistrate. As it is rightly contended by the learned counsel for the petitioner, there is inordinate delay in lodging the complaint. The sale deed and gift deed pertaining to the property of the informant are of the year 2022. Further as per the complaint, the present petitioner has only facilitated the informant to get loan during 2022 from FBFC Finance Pvt., Ltd. Further loan was also sanctioned and the informant has been repaying the said loan amount. Whether the petitioner is involved in commission of offence of creating the documents pertaining to the property of the informant or not and whether the present petitioner has cheated the informant in the manner as alleged in the 7 Crl.Misc.No.2949/2024 complaint in furtherance of other accused or not has to be adjudicated only after full-fledged trial. The investigation of the allegations made in the complaint is mainly depending upon the documentary evidence. Custodial interrogation of the petitioner is not required for further investigation of the case.

11. The petitioner is ready and willing to abide by any

terms and conditions that may be imposed by the court for her enlargement on bail. The petitioner is ready and willing to offer surety to the satisfaction of the court. The petitioner is also ready to co-operate with the investigation of the case. The petitioner is the permanent resident of address shown in the cause title. The petitioner is a lady. The presence of the petitioner during the course of investigation may be secured by imposing suitable terms and conditions. The apprehension of learned PP can be make good by imposing suitable terms and conditions. Hence, by considering the reasonable apprehension of arrest of the petitioner by respondent police with respect to non-bailable offence and by considering the fact that the petitioner is ready to abide by any terms and conditions imposed by this court for her enlargement on bail, I am of the opinion that anticipatory bail as prayed for by the petitioner may be granted by imposing suitable terms and conditions. Hence, the petition filed by the petitioner is deserves to be allowed. Accordingly, I answer the above point in the Affirmative. 8 Crl.Misc.No.2949/2024

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

I proceed to pass the following: O R D E R The petition filed by the petitioner/accused No.1 U/Sec.438 of Cr.P.C., is hereby allowed. The respondent police shall release the petitioner/ accused No.1 on bail in the event of her arrest in Crime No.133/2023 of Chandra Layout Police Station for the offences punishable u/Sec.420, 416, 468, 464 r/w Sec.34 of IPC, pending on the file of learned VIII ACMM court, Bengaluru, on petitioner executing personal bond for a sum of Rs.1,00,000/- with one surety for likesum to the satisfaction of the Learned Magistrate on the following further conditions:- CONDITIONS (1) The petitioner shall appear before the Investigating Officer within two weeks from the date of this order and she shall furnish all necessary information and documents to the Investigating Officer. (2) The petitioner shall appear before the Investigating Officer once in 15 days on Sunday for the period of 2 months or till the completion of investigation of the case which ever is earlier and she shall appear before the I.O. as and when called for and she shall cooperate with investigation of the case. (3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or any hamper with the evidence. (4) The petitioner shall not try to destroy evidence. (5) The petitioner shall not leave India without prior permission of jurisdictional magistrate. 9 Crl.Misc.No.2949/2024 (6) The petitioner shall not commit any offence of similar or any other offence in future. (7) Violation of any of the aforesaid terms and conditions would entitle for cancellation of bail of the petitioner. (Dictated to the Stenographer directly on computer, corrected and then pronounced by me in the open court on this the 3rd day of April, 2024). (B.G.Pramoda) LII Addl. City Civil & Sessions Judge, Bengaluru. 10 Crl.Misc.No.2949/2024