Crl.Misc.No.515/2023
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KABC010016102023
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
: Present :
Sri.T.Govindaiah, B.Com., LLB.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 25th Day of January, 2023.
Crl.Misc.No.515/2023
PETITIONER
1. Umesh T.R.

S/o Ramachandraiah T.H.
Aged about 40 years
R/at Oballapura Post
Thavarekere
Bengaluru Rural District
Bengaluru
(By Sri. Prakash Naik. Advocate)
V/s
RESPONDENT
State of Karnataka
By Malleshwaram
Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
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Crl.Misc.No.515/2023
ORDER
This petition is filed by the petitioner under Section
438 of Cr.P.C. for bail in the event of his arrest for the
offences punishable under Secs.420, 468, 471 of IPC in
Cr.No.166/2022 pending on the file of XXXII Addl. Chief
Metropolitan Magistrate, Bengaluru.
2. The petitioner has sought for anticipatory bail on
the ground that, he is absolutely innocent of the alleged
offences. He has got valid and good tenable defence. He
never involved in the alleged crime either directly or
indirectly.

There is no specific overt act attributed
against the petitioner. The employees who were hired
from accused No.1 they are not allowed to the internal
service of BWSSB. No prima facie case is made out
against the petitioner. The offences alleged are not
exclusively punishable with death or life imprisonment.
He is ready and willing to abide by the conditions that
may be imposed. He is ready to furnish surety.

Crl.Misc.No.515/2023
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3. The prosecution has filed statement of objections
along with report of IO narrating the facts of the case.
Further contended that
prima facie the prosecution
papers discloses involvement of the petitioner in the
alleged offence. If the petitioner is granted the relief
claimed he would threaten the complainant and would
tamper with the prosecution evidence and witness. He
may not co­operate with the investigation and he may
abscond and therefore, sought for rejection of the bail
petition.
4.

Heard the arguments of both sides.

5.

The
following
points
arise
for
determination:­
1. Whether the petitioner is entitled for
anticipatory bail as provided under
Section 438 of Cr.P.C.?
2. What order?

my
Crl.Misc.No.515/2023
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6.

My findings on the above said 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:­ As could be seen from the
prosecution papers the complainant Assistant Executive
Engineer has filed complaint alleging that, in the division,
the employees of the department and the staff of the
private
institute
Ms.Navodaya
Service
Agency
were
working. In the service Sub­division of the department,
the order was passed to collect the water bill through
manual cash counter in cash, cheque/ DD and the
collected cash, cheque/ DD details were reported in cash
book to deposit in the bank account of the water board
and instructed to maintain a ledger upon this. On
08.12.2022 the central office, SKNA (RBIT) sent an e­mail
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Crl.Misc.No.515/2023
informing to check the details of deposit of the water bill
collected through manual cash counter for R.R.numbers
from 2018, in the water board bank account. But there is
no any receipts found in the office. Without bringing to
the notice of the said board, the water bills were collected
amount through cash from some customers. The cash
around of Rs.15,00,000/­ was not paid to the water
board bank account and in sajala website by using the
login ID and password fake receipt number for the bill
amount collected for R.R.nubers of the Sub­division of
North East­1 and North East­2 were reported in the
ledger book of board. Accordingly the complainant filed
the complaint before the respondent police station.
8.

The petitioner claims that he is only emloyee
hired from accused No.1. they have not allowed t internal
service of BWSSB, and also not allowed to log in or log
out and they are kept away from internal affairs of the
complainant department. He has been falsely implicated.

Crl.Misc.No.515/2023
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He is a honest employee in the department. Manual cash
collection report is a created document and is baseless
evidence.
9. The Learned Public Prosecutor has argued that,
the petitioner is involved in the alleged offence. If he has
been granted the relief, he may abscond. He may commit
similar
nature
of
offence.

He
may
threaten
the
complainant and tamper the prosecution witnesses and
evidence.
10.

The forgery and genuineness of the water is a
question to be decided by the Civil court. It appears that
the dispute is of purely civil in nature. Under such facts
and circumstances of the case the court is of the view
that the custodial investigation of the petitioner is not
necessary. Petitioner has undertaken to abide by the
conditions and furnish surety. He is also ready to co­
operate with the investigation. Therefore, the petitioner is
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Crl.Misc.No.515/2023
entitled for the relief claimed. Accordingly point No.1 is
answered in the Affirmative.
11. Point No.2:
In view of my findings on point
No.1, I proceed to pass the following:­
ORDER
The petition filed by the petitioner under
Section 438 of Cr.P.C., is hereby allowed.
The petitioner is ordered to be released on
bail in the event of his arrest for the offences
punishable under Sec. 420, 468, 471 of IPC in
Cr.No.166/2022 on the file of learned
Addl.

Chief
Metropolitan
XXXII
Magistrate,
Bengaluru. subject to following conditions:­
1) The petitioner shall execute personal
bond for Rs.50,000/­ and shall furnish
one surety for likesum.
2) The petitioner shall appear before the
learned XXXII Addl. Chief Metropolitan
Magistrate, Bengaluru and shall execute
personal bond and furnish surety as
Crl.Misc.No.515/2023
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above within 30 days from the date of
this order.
3) The petitioner shall appear before the IO
as and when called for.
4) The petitioner shall cooperate with the
investigation.
5)
The
petitioner
shall
furnish
his
residential address.
6) The petitioner shall not get involved in
any criminal activities.
7) The petitioner shall not leave the
jurisdiction without prior permission of
the court.
(Dictated to the Stenographer directly on computer, corrected and
then pronounced by me in the Open Court on this the 25 th Day of January,
2023)
(T.Govindaiah)
LVI Addl. City Civil & Sessions Judge,
Bengaluru.

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Crl.Misc.No.515/2023
Order pronounced in open
Court
(Vide separate order)
ORDER
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Crl.Misc.No.515/2023
The petition filed by the
petitioner under Section 438
of Cr.P.C., is hereby allowed.
The petitioner is ordered to
be released on bail in the
event of his arrest for the
offences punishable under
Sec. 420, 468, 471 of IPC in
Cr.No.166/2022 on the file of
learned
XXXII Addl. Chief
Metropolitan
Magistrate,
Bengaluru.
subject
to
following conditions:­
1) The petitioner shall execute
personal bond for Rs.50,000/­
and shall furnish one surety
for likesum.
2) The petitioner shall appear
before the learned XXXII Addl.
Chief Metropolitan Magistrate,
Bengaluru and shall execute
personal bond and furnish
surety as above within 30
days from the date of this
order.
3) The petitioner shall appear
before the IO as and when
called for.
4)
The
cooperate
petitioner
with
shall
the
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Crl.Misc.No.515/2023
investigation.
5) The petitioner shall furnish
his residential address.
6) The petitioner shall not get
involved in any criminal
activities.
7) The petitioner shall not
leave the jurisdiction without
prior permission of the court.
LVI Addl.City Civil & Sessions
Judge, Benguru.