1 Crl.Misc.No.2998/2024 KABC010084852024 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 02nd Day of April, 2024. Crl.Misc.No.2998/2024 PETITIONERS 1. Alpesh Kumar Vasudevbhai Patel S/o Vasudevbhai Patel Aged about 38 years R/at No.A206, Swaman Solarity Near Aditya Green Opp RJ Prime, Zundal Gandhinagar Gujarath382421 (By Sri.Hemanthkumar G.R. Adv) V/s RESPONDENT 1 State of Karnataka By: South CEN Crime Police Station, Bengaluru. (Rep. by: Public Prosecutor) 2 Crl.Misc.No.2998/2024
ORDER
This petition is filed by the petitioner under Section 438 of Cr.P.C. for bail in the event of his arrest in Crime No.795/2023 for the offences punishable under Sections 419 and 420 of IPC and Sec.66(C) and 66(D) of Information Technology Act, 2000 of respondent police pending on the file of XLVI Addl. Chief Metropolitan Magistrate, Bengaluru.
2. The petitioner has sought for anticipatory bail
on the ground that, he is innocent of the alleged offence. He has got valid and tenable defence. There is delay in lodging the complaint. The name of the petitioner is not found either in the FIR or in the complaint. There are no materials placed on record to show that the petitioner is guilty of the offences. No prima facie case is made out against the petitioner. There is no specific overt act attributed against him. He is a permanent resident of the address mentioned in the cause title. He is not habitual 3 Crl.Misc.No.2998/2024 offender. He has not committed any offence. He has been falsely implicated. The offences alleged are not punishable with death or life imprisonment. He is ready to abide by the conditions that may be imposed. He is also ready to furnish surety.
3. The prosecution has filed statement of objections
narrating the facts of the case. Further prima facie the prosecution papers discloses the involvement of the petitioner in cheating. If the petitioner is enlarged on anticipatory bail he may abscond and may not appear for investigation. He may not cooperate with the investigation. No grounds are made out for grant of anticipatory bail. He would tamper with the evidence and witnesses. He may threaten the witness and interfere in the investigation. Hence sought for dismissal of the petition.
4. Heard arguments. 4 Crl.Misc.No.2998/2024
5. The points that arise for my consideration are:
1. Whether the petitioner is entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?
2. What order?
6. My findings on the above points are as follows;
Point No.1 : In the Affirmative Point No.2 : As per final order for the following : R E A S O N S
7. Point No.1: It is alleged against the petitioner
that on 18.06.2023 the complainant received a text message on whatsapp offering part time for job to like Youtube videos for which the complainant joined a telegram group which started sending links to like. The complainant has credited with Rs.200 two times and then asked to complete 3 prepaid tasks to become employee, in which they asked to transfer the amount to different accounts. Accordingly the complainant from his 5 Crl.Misc.No.2998/2024 account and from his sister's account transferred Rs.10,03,695/. Accordingly the accused have cheated the complainant after transferring the amount. Hence the complainant lodged the complaint against the accused persons.
8. As could be seen from the prosecution papers
what is the exact nature of role played by the petitioner in the said illegal transfer of money is not forthcoming. However whether the petitioner has any role in the said illegal transfer of money is a matter of investigation. Without there being any specific allegations against the petitioner it appears that the petitioner could be granted relief claimed by them with conditions. The apprehension of the prosecution could be met out by imposing conditions.
9. The petitioner has undertaken to furnish surety
and to abide by the conditions that may be imposed. Further the petitioner is permanent resident of the 6 Crl.Misc.No.2998/2024 address shown in the cause title. If the petitioner is not granted the relief it would cause harm to their reputation and liberty of the petitioner.
10. In the decision reported in Bhadresh Bipinbhai
Sheth V/s State of Gujarat and another (2016) 1 SCC 152 it is held by the Supreme Court of India that “there is no justification for reading into Sec.438 of Cr.P.C. the limitations mentioned in Sec.437 of Cr.P.C. The plenitude of Sec.438 must be given its full play. There is no requirement that the accused must make out a special case for the exercise of the power to grant anticipatory bail. This virtually, reduces the salutary power conferred by Sec.438 of Cr.P.C. to a dead letter. A person seeking anticipatory bail is still a free man entitled to the presumption of innocence. He is willing to submit to restraint and conditions on his freedom, by the acceptance of conditions which the court may deem fit to impose, in 7 Crl.Misc.No.2998/2024 consideration of the assurance that if arrested, he shall be enlarged on bail”.
11. In view of the ratio above since the petitioner
apprehends arrest at the hands of respondent, it would be appropriate to grant the relief claimed in the petition. Hence, point No.1 answered in the Affirmative.
12. 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 in Cr. No.795/2023 for the offences punishable under Sections 419 and 420 of IPC and Sec.66(C) and 66(D) of Information Technology Act, 2000 of respondent police pending on the file of XLVI Addl. Chief Metropolitan Magistrate, Bengaluru to following conditions: 8 Crl.Misc.No.2998/2024
1. The petitioner shall execute personal bond for Rs.1,00,000/ and shall furnish two sureties for like sum of trial court.
2. The petitioner shall appear before the concerned court and shall move regular bail application within 15 days from the date of this order.
3. The petitioner shall appear before the respondent police as and when call for and cooperate with the investigation.
4. The petitioner shall not leave the jurisdiction of Bengaluru.
5. The petitioner shall not commit similar nature of offence in future.
6. The petitioner shall produce his residential address proof.
If violation of any conditions will amounts to cancellation of bail automatically. (Dictated to the Stenographer directly on computer, then corrected and pronounced by me in the open Court on this the 2nd Day of April, 2024) (T.Govindaiah) LVI Addl.City Civil & Sessions Judge, Bengaluru. 9 Crl.Misc.No.2998/2024 10 Crl.Misc.No.2998/2024 Order pronounced in open Court (Vide separate order)
ORDER
The petition filed by the petitioner under Section 438 of Cr.P.C., is hereby allowed. 11 Crl.Misc.No.2998/2024 The petitioner is ordered to be released on bail in the event of his arrest in Cr. No.795/2023 for the offences punishable under Sections 419 and 420 of IPC and Sec.66(C) and 66(D) of Information Technology Act, 2000 of respondent police pending on the file of XLVI Addl. Chief Metropolitan Magistrate, Bengaluru to following conditions:
1. The petitioner shall execute personal bond for Rs.1,00,000/ and shall furnish two sureties for like sum of trial court.
2. The petitioner shall appear before the concerned court and shall move regular bail application within 15 days from the date of this order.
3. The petitioner shall appear before the respondent police as and when call for and cooperate with the investigation.
4. The petitioner shall not leave the jurisdiction of Bengaluru.
5. The petitioner shall not commit similar nature of offence in future. 12 Crl.Misc.No.2998/2024
6. The petitioner shall produce his residential address proof.
If violation of any conditions will amounts to cancellation of bail automatically. LVI Addl.City Civil & Sessions Judge, Bengaluru.