The LII Additional City Civil and Sessions Court in Bengaluru has granted anticipatory bail to Sri Rabbani, also known as Mohammed Rafi, who is the second accused in a significant property-related cheating case. The order, delivered by Judge Sri. B.G. Pramoda on June 24, 2022, provides legal protection to the 59-year-old petitioner against potential arrest by the J.C. Nagar Police.

The case, registered under Crime No. 46/2022, involves serious allegations of forgery, criminal conspiracy, and cheating under Sections 420 and 120B read with Section 34 of the Indian Penal Code (IPC). The investigation began following a private complaint filed by one Shamsher Ahmed, which was subsequently referred to the police for a formal probe.

Background of the Allegations

The legal battle stems from a private complaint filed before the 8th ACMM court in Bengaluru. According to the prosecution, the petitioner, along with other accused individuals, allegedly conspired to sell a specific property (No. 4647) to the informant using fabricated documents. The informant claimed to have paid a sum of Rs. 30,90,000 based on these allegedly fraudulent representations.

The Public Prosecutor opposed the bail application, highlighting a complex history of transactions involving the same property. The prosecution alleged that the petitioner had previously sold the property to one Balvanth Singh as far back as 1973 and had also executed a sale agreement with another individual named Narendra in July 2020. Based on these multiple transactions for the same site, the state argued that the petitioner was a habitual offender involved in property fraud.

Defense Arguments and Health Concerns

Represented by Advocate Guruprasad K.V., the petitioner maintained his innocence, describing himself as a “small-time real estate broker” who had been falsely implicated in the crime. The defense emphasized that Sri Rabbani is a law-abiding citizen with no criminal antecedents and deep roots in the community.

A significant portion of the defense argument centered on the petitioner’s personal and medical circumstances. The court was informed that the petitioner is 59 years old and suffers from chronic health conditions, including diabetes and high blood pressure. Furthermore, the defense argued that he is the sole breadwinner for his family, responsible for supporting his aged parents, his wife, and his children’s education.

The petitioner’s counsel argued that the case is primarily based on documentary evidence and that custodial interrogation was unnecessary. They expressed a reasonable apprehension that the J.C. Nagar police were making active efforts to arrest him, which would lead to significant humiliation and hardship.

Judicial Reasoning and the Court’s Decision

In weighing the arguments, Judge B.G. Pramoda noted that the offences alleged, while serious, are not punishable by death or life imprisonment and are triable by a Magistrate. The court observed that the investigation largely depends on documents, meaning the physical custody of the accused might not be essential for the police to carry out their probe.

The court also took into consideration the guidelines set by the Supreme Court in the landmark Arnesh Kumar case, which discourages unnecessary arrests in cases where the punishment is less than seven years. The judge found that the petitioner, being a permanent resident of Bengaluru, was unlikely to flee from justice or abscond.

“Whether the petitioner has cheated the informant in the manner alleged has to be adjudicated only after a full-fledged trial,” the court remarked, emphasizing that the presence of the petitioner during investigation can be secured through stringent conditions rather than incarceration.

Conditions of the Anticipatory Bail

The court allowed the petition, directing the J.C. Nagar police to release the petitioner on bail in the event of his arrest, subject to a personal bond of Rs. 1,00,000 and one surety of a like sum. To protect the interests of the investigation, the court imposed the following strict conditions:

1. The petitioner must appear before the Investigating Officer within three weeks to furnish all necessary information and documents.
2. He must cooperate fully with the investigation and appear whenever summoned by the police.
3. He is strictly prohibited from threatening or inducing any witnesses or tampering with evidence.
4. He must not leave the country without prior permission from the court.
5. He must not commit any similar offences in the future.

The court warned that any violation of these terms would lead to the immediate cancellation of the bail. This order ensures that while the J.C. Nagar police continue their investigation into the alleged property fraud, the petitioner’s liberty is preserved pending further legal proceedings.