KABC010018152023
IN THE COURT OF THE LI ADDL. CITY CIVIL & SESSIONS
JUDGE AT BENGALURU CITY. (CCH 52)
Dated this the 3rd day of February 2023
:PRESENT:
Sri. Yashawantha Kumar, B.A.(Law), LL.B,
LI Addl. City Civil & Sessions Judge,
Bengaluru City.

Crl. Misc. No. 583/2023
BETWEEN
Sri. Yellappa V.,
S/o. Late Venkatesh,
Aged about 34 years,
R/at No.21, 4th Main road,
KHM Block, Ganganagar,
R.T.Nagar, Bangalore- 32.
…Petitioner
(By V.Srinivas Adv.)
AND
The State of Karnataka,
By C.I.D. Police, Pulikeshi Nagara
Police station,
Bengaluru.
…Complainant/Respondent
( By Public Prosecutor,B:lore city)
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Crl.Misc.583-2023
ORDER
This is a petition filed by the petitioner under Section
438 of Cr.P.C., seeking anticipatory Bail in Crime No.
425/2021 of respondent police station registered for the
offence punishable under Sections 465, 468, 471, 420 and
120-B of IPC R/w. Sec. 34 of IPC.
2. The petitioner has contended as under:
He is innocent and he has been falsely implicated in
the case.

His name is not found in the FIR.

He is an
employee of BBMP on temporary basis. He hails from a
respectable family. He is a law abiding citizen. If he is
arrested and detained in custody, he and
his family
members will be put to great hardship. The offence alleged
against
him
is
not
punishable
with
death
or
life
imprisonment, it is triable by a magistrate. He undertakes to
co-operate in the investigation of the case. He is ready to
offer surety for his release on bail and ready to abide by any
conditions that may be imposed by the Court.
3. The learned public prosecutor appearing for the
respondent, filed his objections contending that the petition
is not maintainable.

The petitioner is not co-operat5ing in
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Crl.Misc.583-2023
the investigation of the case.

When the petitioner was
working as computer operator in BBMP in the Asst. Revenue
Office, Maruthi seva nagar, Bengaluru, he entered the name
of accused No.2 in the property tax register and thereby
created documents.

The investigation of the case is in
primary stage. The offence is serious in nature and it is
being monitored by the Hon’ble High Court of Karnataka in
W.P. No. 7714/2020. If the petitioner is granted bail, he may
tamper with prosecution witnesses and hamper the
investigation. There is likelihood of his abscondence.
4.

Heard the learned counsel for petitioner and
learned Public Prosecutor for respondent.
5. The points that arise for my consideration is :
1. Whether the petitioner is entitled for
anticipatory bail as prayed by him?
2. What Order?
6. My finding on the above points are as under:
Point No.1: In the “Affirmative”
Point No.2: As per final order
for the following;
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Crl.Misc.583-2023
REASONS
7. Point No.1:
The Pulikeshi Nagar police have
registered a case against this petitioner and others in their
Cr. No. 425/2021 for the offence punishable under Sections ,
465, 468, 471, 417, 420 and 120-B of IPC on the complaint of
Sri. Josuva Amruthraj on 12.11.2021.
8. It is alleged that the accused persons named in the
complaint
in
collusion
with
other
persons
created
documents such as sale agreement, BBMP Katha extract and
certificates, rent agreement and other documents in the
name of fictitious persons in respect of the house of
informant Josuva Amruthraj bearing New No. 84, old No.
30, Hachins road, 2nd cross, Thomus town, Bengaluru-84 and
on the basis of these documents filed false casses before
the court and obtained compromise decree. It is alleged
against this petitioner that he being a computer operator in
the office of the BBMP Asst. Revenue office, Maruthi seva
nagar, Bengaluru entered the name of accused No.2 in the
property tax register in respect of the property of
complainant and thereby he also involved in the commission
of the offence. The offence alleged against the petitioner is
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Crl.Misc.583-2023
serious in nature.

It appears that he is a part of the
conspiracy to knock of the valuable properties in Bengaluru
city belonging to different persons. The investigation of the
case is in respect of the same being monitorred by the
Hon’ble High Court of Karnataka in W.P. No. 7714/2020 . It
appears more than 100 cases are registered in connection
with creating false documents in respect of different
persons in Bengaluru city
and obtaining
compromise
decree and thereafter obtaining possession of the property
by filing execution cases.
9. However the name of this petitioner is not found in
the FIR. It is not the case of the prosecution that the
petitioner has involved in several such cases. The petitioner
undertakes to co-operate in the investigation of the case.
Considering the materials available at this stage, I am of the
opinion that the custodial interrogation of the petitioner is
not required. Though his co-operation in the investigation is
very much required.
10. The petitioner has stated that he is an employee
of BBMP on Temporary basis and he is a permanent resident
of the address given in the cause title. He is ready to offer
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Crl.Misc.583-2023
surety for his release on bail and abide by any conditions
that
may
be
imposed
by
the
Court.

Under
such
circumstances, if the petitioner is granted anticipatory bail
by imposing certain conditions, it would suffice to meet the
ends of justice. Accordingly, I answer the Point No.1 for
consideration in ‘Affirmative’.
11. Point No.2: In the result of my above discussions,
I proceed to pass the following:
ORDER
The petition filed by the petitioner U/S. 438 of
Cr.P.C. is hereby allowed.
The petitioner shall be released on bail in the event of
his arrest in Crime No. 425/2021 of respondent police
station registered for the offence punishable under
Sections 420, 465, 468, 471 and Sec. 120-B of IPC on
following conditions:
1. The petitioner shall execute personal bond
for a sum of Rs.1,00,000/-( Rupees One
lakh only) with one surety for like sum to
the satisfaction of the I.O.
2. The petitioner shall not tamper with
prosecution witnesses and evidence.

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Crl.Misc.583-2023
3. He shall co-operate in the investigation of
the case.
4. He shall not leave the Bengaluru city
without
prior
permission
of
the
jurisdictional magistrate for a period of 2
months from this date.
5. He shall produce his photo identity card
for residential address proof.
(Dictated to the Judgement writer, transcribed and computerised by her and
after corrections, printout taken and then pronounced in the Open Court and
signed by me, on this the 3rd day of February, 2023)
(Yashawanth Kumar)
LI Addl.City Civil & Sessions Judge,
Bengaluru City
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Crl.Misc.583-2023
Orders pronounced today in open court
vide separate orders.
ORDER
The petition filed by the petitioner U/S. 438 of
Cr.P.C. is hereby allowed.
The petitioner shall be released on bail in the event of
his arrest in Crime No. 425/2021 of respondent police
station registered for the offence punishable under
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Crl.Misc.583-2023
Sections 420, 465, 468, 471 and Sec. 120-B of IPC on
following conditions:
1. The petitioner shall execute personal bond
for a sum of Rs.1,00,000/-( Rupees One
lakh only) with one surety for like sum to
the satisfaction of the I.O.
2. The petitioner shall not tamper with
prosecution witnesses and evidence.
3. He shall co-operate in the investigation of
the case.
4. He shall not leave the Bengaluru city
without
prior
permission
of
the
jurisdictional magistrate for a period of 2
months from this date.
5. He shall produce his photo identity card
for residential address proof.

(Yashawanth Kumar)
LI Addl. City Civil & Sessions Judge,
Bengaluru City
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Crl.Misc.583-2023
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Crl.Misc.583-2023