KABC010017442023
Presented on : 18-01-2023
Registered on : 18-01-2023
Decided on : 25-01-2023
Duration : 0 years, 0 months, 7 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH67)
DATED: This the 25th day of January, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 558 of 2023
Petitioner :
Vimal kumar,
Aged about 41 years,
S/o Chenraj M Gadiya,
R/at No.2/1, Dhanraj Kataria Road,
Charles Campbell Road,
Cox Town, Frazer Town,
Bengaluru 560 005.
(By Sri.Raj Prabhu, Adv.)
/Vs/
Respondent :
State by:
1. Pulakeshinagar Police Station,
Bengaluru.
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Crl.Misc.No.558/2023
2. Gandhi Chowk Police Station,
Vijayapur, Karnataka,
Mahatma Ghandi Circle,
Vijayapura.
(By Public Prosecutor.)
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
This petition is filed by the petitioner under Section 438
Cr.P.C seeking anticipatory bail in the event of their arrest
in Cr.No.147/2022 registered for the offences punishable
under Sections 420, 465, 468, 406 of IPC
by the
respondent police.
2.
The petitioners case in brief are as follows:
That there are no reasonable grounds, that he is
innocent of the offences alleged, he has not committed any
offences, his name is not shown in FIR registered by the 2 nd
respondent.
The respondent police are visiting the house
to arrest him and he has got apprehension of arrest. The
petitioner
has
not
received
any
amount
from
the
complainant and he is a stranger to the complainant and
accused persons, he has not committed any offences
alleged, the offences alleged are not punishable with death
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Crl.Misc.No.558/2023
or life imprisonment, he is ready and willing to abide by the
conditions and prayed for transit bail to him to approach
jurisdictional court.
3. The learned Public Prosecutor filed report of
respondent No.1 police stating that no case has been
registered against the petitioner in their police station.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner is entitled
for anticipatory bail ?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the Negative.
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1 : It is alleged in the complaint filed by
one Ashish before the 2nd respondent police alleging that he
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Crl.Misc.No.558/2023
is having a Firm called as Mohit Agri Traders at Kori
Chowk, Vijayapura, dealing with agricultural products
from last two years. One Amith accused No.1 working as a
Manager managing the purchase and sale of sugar, oil
products, the said Mohit Agri Traders is having business
with Beelagi Sugar Mills. That on 5.7.2022 Beelagi Sugar
Mills Pvt.Ltd, Badagandi and Pulikeshinagar Sugars and
Chemicals Ltd., Sugar factories were refused to load the
sugar, the complainant came to know that Mohit Agri
Traders had not paid amount to the sugar factory, when
the complainant enquired with his Manager he informed
that
he
has
deposited
advance
amount
of
Rs.11,25,00,000/ to Beelagi Sugars Ltd., Badagandi and
Pulikeshinagar Sugars and Chemicals Ltd. And more than
Rs.4 crores to Prabhulingeshwara Sugars Chemicals Ltd.
The
complainant
demanded
confirmation
letter
the
Manager produced two confirmation letter of said factory
transacted
through
net
banking.
On
suspicion
the
complainant verified the business of Mohith traders and
found about 16 crores mis appropriation committed
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Crl.Misc.No.558/2023
through net banking, on enquiry his Manager Amith
Bhandari revealed that he has not provided any advance to
said factories and created bogus letters.
It also came to
know that Mahaveer Oswal is known to him who is the
owner of Parshwanath Hardware shop in colluding have
opened accounts in the name of two persons working in
Oswal
shop
by
Vinaykumar
Bannur
and
Basavaraj
Nimbargi in ICICI Bank and DBS Bank and transferred the
funds from Mohith Agri Traders Account to their account
to the tune of Rs.5,18,50,000/ and Rs.3,72,55,000/ and
sum of Rs.25,00,000/ to the account of Mahaveer
enterprises, Rs.50,00,000/ to the account of any time
money and Rs.60,00,000/ to the account of Betkar in all
Rs.8,91,00,05,000/ was transferred through net banking.
It also revealed rs.55,00,000/ was transferred to Mohith
Agri Traders account from the account of Vijaykumar and
not returned the amount and cheated the complainant.
8. On the basis of said allegations the 2 nd respondent
police registered case under Sections 420, 465, 468, 406
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Crl.Misc.No.558/2023
IPC and submitted FIR to the jurisdictional Court at
Vijayapura.
9. The petitioner has filed petition for anticipatory
bail before this Court apprehending arrest from respondent
police.
The 1st respondent is the Pulikeshinagar police
station where the petitioner allegedly residing within the
jurisdiction of that police station. Respondent no.1 police
in their report have clearly stated no case has been
registered against the petitioner. It is not the case of
respondent No.1 that they are searching the petitioner for
arrest nor respondent No.2 has sought their help to arrest
the petitioner. Therefore, there is no reasonable grounds
to believe that the petitioner has apprehension of arrest in
this case.
The case has not registered against the
petitioner, his name is not found in the FIR. As per the
petition averments he is stranger to complainant and
accused persons.
Under such circumstances, that the
petitioner is apprehending arrest has no basis. Added to
that no notice under Section 41 of CrPC was issued by
respondent No.1 and 2 to the petitioner calling him for
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Crl.Misc.No.558/2023
enquiry nor produced any such police notice.
The
petitioner has not filed any affidavit having apprehension of
arrest
from
respondent
No.1
and
2.
Under
these
circumstances, the question of granting anticipatory bail
on apprehension of arrest does not arise, the petition is
devoid of merits liable to be dismissed. Accordingly
answered point No.1 in Negative.
10. POINT No.2: In view of findings given on point
No.1, this Court pass the following order.
ORDER
The petition filed by the petitioner/Vimal Kumar
under Section 438 Cr.P.C. is dismissed.
(Typed to my online dictation by the Judgment writer, corrected
by me and then pronounced in the open Court on this the 25 th day of
January 2023).
(S. NATARAJ),
LXVI Addl. CC & SJ, Bengaluru.
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Crl.Misc.No.558/2023
The Order is pronounced in the
open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/Vimal Kumar under
Section 438 CrPC is dismissed.
LXVI Addl. CC & SJ,
Bangalore.