Criminal Case 2

KABC010076682023
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 5rd day of April 2023.
Crl. Misc.No.2563/2023
PETITIONER : Sri.H.R.Lakshman Kumar,

S/o.Rangaiah.H.
45 years,
R/at.No.9, 5th Cross,
Chamundinagara BDA Layout,
Girinagar 2nd Phase,
Bengaluru South,
Banashankari 3rd Stage,
Bengaluru.
(By Sri.S.R.G., Advocate)
.Vs.
RESPONDENT : State by
Girinagar Police,
Bengaluru.
(By learned Public Prosecutor)
ORDER ON BAIL PETITION
This is bail petition under Section 438 of Cr.P.C., filed

by the learned counsel for petitioner seeking
Crl.Misc.No.2563/2023
2
anticipatory bail to the petitioner in the event of his

arrest in Crime No.69/2023 of the respondent-Girinagar
Police Station, Bengaluru registered for the offences
punishable under Sections 406, 420 and 506 r/w.
Section 34 of I.P.C., pending on the file of learned IV
Addl. 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 he, Mahalingam, Anand and Kumar are
good friends. The accused No.1 being the relative of
informant has told the informant that he has allotted
20 X 30 feet BDA sites through agents i.e., accused
Nos.2 and 3. As per the assurance of accused No.1, the
informant had advanced a sum of Rs.38 lakhs from his
friend Mahalingam, Rs.69 lakhs from Anand and Rs.15
lakhs from Kumar and the entire amount was handed
over to the accused No.1 in the presence of one Manju.
When the informant asked the BDA sites, the accused
No.1 told him to pay the registration fee and later he
will gave an allotment letter. When the informant had
been to the office BDA and enquired the same, the
concerned authorities have told that those documents
are bogus document. On enquiry with the accused,
they posed life threat and thereby accused with
common intention to commit the crime have
committed criminal breach of trust and cheating.
3
3. The petitioner has been arrayed as accused No.2.

In the bail petition, the petitioner has contended that
he is innocent and has not committed any offences.
The petitioner has been falsely implicated in this case.
The offences alleged against the petitioner are not
punishable with either death or imprisonment for life.
There are no reasonable grounds to believe that the
petitioner are guilty of the alleged offences. The
petitioner hails from respectable family, having deep
roots in the society. The petitioner is permanent
resident of the address shown in the cause title and
hence, there is no chance of his absconding. The
respondent police are making hectic efforts to arrest
the petitioner and hence, he has got reasonable
apprehension of his arrest. The petitioner is ready and
willing to abide by the terms and conditions those
going to be imposed by this court and 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 contending that the investigation is not yet
completed. There are prima-facie materials against the
petitioner as to the commission of alleged offences.
The petitioner has not assigned any genuine reasons
for granting bail. The petitioner is absconding from the
date of commission of alleged offences. At this stage,
4
if the petitioner is enlarged on bail, he 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 petitioner has made out
sufficient grounds to enlarge him on
anticipatory 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:
REASONS
8. POINT No.1: The case of the prosecution is that

the accused colluding each other in order to cheat the
informant, have received the amount from the
informant & his friends on the guise of providing BDA
sites, but failed to allot the sites and not returned the
amount. When the same was questioned by them, the
accused gave life threat to them and thereby
committed criminal breach of trust and cheated the
informant. The same has been denied by the learned
counsel for petitioner.
5
9. The learned counsel for petitioner has submitted

that the petitioner is innocent and has not committed
any offences. The petitioner has been falsely
implicated in this case. Prays to allow the bail petition.
10. The learned Public Prosecutor has submitted that

there are prima-facie materials against the petitioner in
the commission of alleged offence. The date and mode
of payment will be investigated by the Investigating
Officer. The accused have cheated BDA as well as
Government. Prays to reject the bail petition.
11. The alleged facts of criminal breach of trust,

cheating and gave life threat 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. The offences alleged against
the petitioner are not punishable with either death or
imprisonment for life and are triable by the Court of
Magistrate. The apprehension of the petitioner as to
likelihood of his arrest by the respondent police is well
founded. The petitioner has undertaken to abide the
bail conditions and ready to furnish surety for his due
appearance before the Investigating Officer as well as
before the court. Under these circumstances, the
petition deserves to be allowed. Therefore, the
petitioner is entitled for anticipatory bail. Accordingly, I
answer the Point No.1 in the Affirmative.
6
12. POINT No.2 : My finding on this point is as per

the following :
ORDER
The bail petition filed by the petitioner under Section
438 Cr.P.C., is hereby allowed, subject to the following
conditions.
1. The petitioner is ordered to be released
on bail in the event of his arrest in Crime
No.69/2023 of the respondent-Girinagar
Police Station, Bengaluru on executing
his self bond for a sum of Rs.1,00,000/-
with one surety for like sum ;
2. The petitioner shall appear before the
Investigating Officer within 15 days from
the date of this order and shall assist him
in investigation as and when required ;
3. The petitioner shall not tamper with the
prosecution witnesses ;
4. The petitioner shall appear before the
trial court on all hearing dates ;
5. The petitioner shall not indulge in
committing any offences.
(Dictated to the Judgment-writer on computer, corrected, signed and then
pronounced by me in the open court on this the 5th day of April 2023)
(KASHIM CHURIKHAN)
LXVII Addl.City Civil & Sessions Judge,
BENGALURU.

Criminal Case 2

Uploaded by

Copyright:

Available Formats

Criminal Case 2

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Criminal Case 2

Uploaded by

Copyright:

Available Formats

KABC010076682023

IN THE COURT OF LXVII ADDL CITY CIVIL AND

Dated this the 5rd day of April 2023.

PETITIONER : Sri.H.R.Lakshman Kumar,

ORDER ON BAIL PETITION

This is bail petition under Section 438 of Cr.P.C., filed

anticipatory bail to the petitioner in the event of his

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

3. The petitioner has been arrayed as accused No.2.

4. The learned Public Prosecutor has filed objections

if the petitioner is enlarged on bail, he may threaten

6. The points raised for determination are as under:

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

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

9. The learned counsel for petitioner has submitted

10. The learned Public Prosecutor has submitted that

11. The alleged facts of criminal breach of trust,

12. POINT No.2 : My finding on this point is as per

You might also like