KABC010087352024 IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.No.68) PRESENT SRI. KASHIM CHURIKHAN, B.A., LL.M. LXVII Addl. City Civil & Sessions Judge, Bengaluru. Dated this the 19th day of April 2024 Crl.Misc.No. 3095 /2024 Petitioners: 1. A.S. Ramesh Kumar, S/o A.N. Sudarshan Kumar, Aged about 52 years, R/at No.1-6-228/B1, Pasigatta Road Ram Nagar, Opp. Fabro Dynamics, Ram Nagar, Musheerabad, Hyderabad500 020.

2. J.V. Rajesh S/o J.S. Sarma, Aged about 52 years, R/at No.C-601, Spectra Cypress Apartment, Varthur Main Road, Opp. Sriram Samrudhi Apartment, Kundalahalli Gate, Bengaluru37.

(By Sri. S.M.N, Adv.) -Vs- Respondent: State by Bellanduru Police, Bengaluru. (By learned PP) 2 Crl.Misc.No.3095/2024 ORDER ON BAIL PETITION The petitioners have filed bail petition u/s.438 of Cr.P.C., sought for the anticipatory bail in event of their arrest in Cr.No.494/2023 of the respondentBellanduru Police Station, Bengaluru registered for the offences punishable u/s.420 of IPC, pending on the file of learned 41st A.C.M.M, Bengaluru.

2. The brief facts of the case are as under:

The informant has lodged the report to the Police stating that the informant purchased flat No.103 from the accused No.1 in the name of his son and the accused have executed a sale deed on 27.10.2021 in this regard. Thereafter the informant found a notice stuck in respect of availment of loan on flat No.103 by the accused. Thus, the accused sold the said flat to the informant by screening the fact of existing loan in respect of said flat with intention to cheat him.

3. In the bail petition, the petitioners being accused

No.1 and 2 have contended that they are totally innocent of the alleged allegations. They are permanent residents of the addresses mentioned in the petition and having movable and immovable properties in their names. The allegations against the petitioners are purely civil in nature. The alleged offences are not punishable with death or imprisonment for life. The petitioners are ready and willing to abide the terms and conditions those going to be imposed by this Court and 3 Crl.Misc.No.3095/2024 ready to offer surety to the satisfaction of the Court, if anticipatory bail is granted. Hence, sought for allowing the bail petition.

4. The learned Public Prosecutor has filed objections

and contended that the investigation is not yet completed. There are prima-facie materials as to the commission of alleged offences. The petitioners have not assigned any genuine reasons for granting bail. The petitioners are absconding from the date of commission of alleged offences. At this stage, if the petitioners are enlarged on anticipatory bail, they may threaten the prosecution witnesses, destroy the prosecution evidence and hamper the investigation by fleeing away from justice. Hence, sought for rejection of the bail petition.

5. Heard.

6. The points raised for determination are as under:

1. Whether the petitioners have made out sufficient grounds to enlarge them on bail?

2. What Order?

7. My findings to the above points are as under:

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

8. Point No.1: The case of the prosecution is that

with the accused with intention to cheat the informant 4 Crl.Misc.No.3095/2024 have sold the flat to the informant and not revealed the fact of availment of loan in respect of the said flat. The same has been denied by the learned counsel for petitioners.

9. It is submitted by the learned counsel for the

petitioners that it is brought to the notice to the purchaser regarding pending of loan before the sale of flat. The informant is not the purchaser of flat and he is third party to the transaction held between the petitioners and vendee. It is further submitted that the dispute is civil in dispute. False case has been registered against the petitioners. Hence, the learned counsel prays to allow the bail petition.

10. The learned Public Prosecutor has submitted that

the petitioners have not made out any ground for grant of anticipatory bail to them. There is no bar to file criminal case if the dispute is civil in nature. Therefore, prays to dismiss the bail petition.

11. The alleged facts are all to be proved in full-

fledged trial with authenticated testimony of the prosecution witnesses. That apart, securing the accused for the purpose of investigation and trial are the criteria to grant bail. Hence, the involvement of the petitioners in the commission of alleged offences is to be proved in the course of trial. The offences alleged against the 5 Crl.Misc.No.3095/2024 petitioners are not punishable with either death or imprisonment for life. The apprehension of the petitioners as to likelihood of their arrest by the respondent Police is well founded. The petitioners have undertaken to abide the bail conditions and ready to furnish surety for their due appearance before the Court. The apprehension of prosecution could be dealt with by imposing some conditions. Accordingly, I answer the Point No.1 in the affirmative.

12. P oint No.2 : In view of my findings on Point No.1

as above, I proceed to pass the following: O R D E R The bail petition filed by the petitioners u/s.438 of Cr.P.C, is allowed, subject to the following conditions:

1. The petitioners are ordered to be released on bail in the event of their arrest in Cr.No.494/2023 of the respondentBellanduru Police Station, Bengaluru on executing their personal bond for a sum of Rs.1,00,000/- each along with one surety for like sum;

2. The petitioners shall appear before the Investigating Officer within 15 days from the date of this order and to assist him in investigation as and when required;

3. The petitioners shall appear before the trial Court on all the hearing dates;

4. The petitioners shall not tamper with the prosecution witnesses; 6 Crl.Misc.No.3095/2024

5. The petitioners shall not indulge in committing any offences.

(Dictated to the Stenographer Grade-I directly on computer, corrected, signed and then pronounced by me in the open court on this the 19th day of April 2024) (Kashim Churikhan) LXVII Addl. City Civil & Sessions Judge, Bengaluru. Digitally signed by KASHIM KASHIM MOHADDINSAHEB MOHADDINSAHEB CHURIKHAN CHURIKHAN Date: 2024.04.24 11:36:30 +0530