Crl. Misc. No.2791/2024 KABC010077912024 IN THE COURT OF THE LXI ADDL. CITY CIVIL, SESSIONS JUDGE: BENGALURU CITY Dated this the 03 rd day of April, 2024 -: PRESENT :- SMT.NISHARANI A.C., B.A., LL.B., III ACC & SJ, Bengaluru C/C LXI ACC & SJ Bangalore, (CCH-62) CRL. MISC. No.2791/2024 Petitioner/s : 1. Zaki Ahamed Khan S/o.Fiaz Ahmed Khan Aged about 55 years R/a.No.397, Syed Wadi Channapatn Channapatna Ramanagara Channanaptna Karnataka-562 160. (By Sri.Goutham.M, Adv.) V/s. Respondent : The State by Bandepalya Police Station Bengaluru. (Rep. by Public Prosecutor, Bengaluru.) Crl. Misc. No.2791/2024 ORDER ON ANTICIPATORY BAIL APPLICATION ONE FILED BY THE PETITIONER UNDER SECTION 438 OF Cr.P.C. This criminal Mis. Petition is filed by the petitioner under Section 438 of Cr.P.C., seeking the relief of anticipatory bail in relation to the case bearing No-Cr. No.267/2023, which is registered by the Bandepalya Police Station, Bengaluru alleging that petitioner has committed the offences punishable under Section 504, 420 & 465 of IPC.

2. The petitioner contents that he is innocent and thee

is no any allegations made by the complainant against him nor he has been arrayed as accused in the FIR and he hails from a respectable family and has got strong roots in the society and a falsely case has been foisted against him by the respondent police only for statistical purpose & petitioner has no direct or indirect transaction with the complainant and he is permanent resident of the address as mentioned in the cause title of the petition and he is the sole earning member in is family and he is having wife and children who are depending upon him for their livelihood & he has no bad antecedents and he is ready and willing to abide by the terms and conditions that may be imposed by this court and he is also ready to offer solvent surety to the satisfaction of the Court for his release on bail, hence he is are entitled for bail. Crl. Misc. No.2791/2024

3. On the other hand the learned Public Prosecutor has

filed his objections along with the report of the I.O. & opposed the above application that the grounds urged for seeking anticipatory bail are not satisfactory & the matter is still under investigation & the materials placed on record prima- facie discloses the involvement of the petitioner in commission of the alleged offences and now at this stage if the petitioner is granted anticipatory bail then he may threaten, abscond and tamper the prosecution witnesses & accordingly prayed for rejection of the bail petition.

4. In view of the above said facts and circumstances, the

points that arise for my consideration are as follows; 1) Whether the anticipatory bail petition filed by the petitioner under Section 438 of Cr.P.C., deserves to be allowed? 2) To what Order?

5. I have carefully perused the entire materials available

on record and heard the arguments of learned counsel for the petitioner and the learned Public Prosecutor for the respondent.

6. Now, my findings on the above points are as follows:-

Point No.1 – In Affirmative with conditions Point No.2 – As per final Order, for the following; Crl. Misc. No.2791/2024 R E A S O N S

7. Point No.1:- On perusal of the FIR & complaint it

is alleged that 07.04.2023 the complainant had gone to Saudi Arabia along with his friends and on 08.04.2023 he had lost his passport and he informed the same to his friends and his friends in turn told him to registered a complaint at the concerned police station and since the complainant did not know the Arabic language & hence he called his friend Afazal at Bengaluru then the said Afazal contacted the petitioner & other accused to get a temporary passport to the complainant and in that connection the petitioner & other accused have conspired and taking undue advance of the situation received an amount of Rs.2,34,00,000/- from the complainant on various dates and thereby committed the offences punishable under Section 420, 465 & 504 of IPC.

8. Now, it is the contention of the petitioner that he is

innocent of the alleged offences and he has not at all committed the alleged offences and he is ready and willing to abide by the conditions that may be imposed by the court for his release on bail.

9. On the other hand though the prosecution has

opposed the case of the petitioner that if the petitioner is granted anticipatory bail then he may threaten, abscond and tamper the prosecution witnesses is concerned, the same do no hold any water as the cause title of the petition & the Crl. Misc. No.2791/2024 aadhar card of the petitioner one produced by him shows that the petitioner is permanent resident of Bengaluru and his presence can be easily secured before the court & I.O.

10. I am aware that this Court cannot and is not

supposed to sift the evidence made available by the prosecution at the time of deciding the bail petition. However, only for the purpose of deciding that whether the petitioner is entitled for anticipatory bail or not, I discuss the facts alleged by the prosecution and whatever I say, while disposing of this bail petition, cannot be construed as an expression of opinion on the merits of the of the main case.

11. And more over since the alleged offences under

Section 504, 420 & 465 of IPC are not at all punishable with death or life imprisonment and since the materials on record discloses that the dispute between the parties is of civil in nature & since in the judgment of Crl.P. No.102306/2017 dt. 27.10.2017 our Hon'ble High Court of Karnataka has clearly held that 'When the matter if of Civil nature then Anticipatory bail for the offences of Section 419, 420, 465, 468 and 471 can be granted on imposition of conditions' & since the alleged offences against the petitioner has to be decided through a thorough trial and since the apprehension of the prosecution could be met by imposing stringent conditions then looking into the nature and gravity of the alleged offences, I am of the considered opinion that the petitioner has made out a prima-facie case Crl. Misc. No.2791/2024 for grant of bail subject to conditions and accordingly, I have answered the above point No.1 in affirmative.

12. Point No.2 :- In view of the discussion made on

point No.1 and further holding it in the affirmative, I proceed to pass the following:- O R D E R The anticipatory bail petition one filed by the petitioner u/s 438 of Cr.P.C., is hereby allowed subject to following conditions;

1. That in the event of arrest of the

petitioner in Cr. No.267/2023 of respondent Police he shall be released on bail on executing a personal bond for Rs.2,00,000/- with one surety for the like sum amount.

2. That the petitioner shall appear

before the I.O. within 30 days from the date of this order and shall co-operate in the matter of investigation or whenever called by the I.O.

3. That the petitioner shall mark his

attendance once in 2 months before the SHO of the respondent police on every 2nd Crl. Misc. No.2791/2024 Saturday in between 10.00 a.m., to 8.00 p.m., till filling of the final report.

4. That the petitioner shall not hold

any threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly.

5. That the petitioner shall furnish his

residential address proof and that of his surety.

6. That the petitioner shall not indulge

in similar type of offences in future.

7. That the petitioner shall appear

before the trial court regularly without fail on receipt of the summons.

8. That if the petitioner fails to obey any

of the above said conditions, then this bail order automatically stands cancelled. (Dictated to the Stenographer, transcribed and typed by her, corrected, signed and then pronounced by me in the open Court on this the 03rd day of April, 2024). (NISHARANI A.C) C/C LXI ACC & SJ, B’luru.