BEFORE THE LXVI ADDL.

CITY CIVIL & SESSIONS

JUDGE, BENGALURU CITY.
(CCH-67)
DATED: This the 27 th day of November, 2020
PRESENT
Smt. K.KATHYAYANI, B.Com., L.L.M.,
LXVI Addl.City Civil & Sessions Judge,
Bengaluru.
Crl.Misc.No.7278 of 2020

Petitioner : Sini Krishnan,

W/o Mr.Krishnan Seetharam,
Aged about 36 years,
R/at No.48, Matru Sadanam,
16th Cross, 10th Main,
Malleshwaram,
Bengaluru 560 055.
(By Sri.M.Sunil Shastry, Adv.)
/Vs/
Respondent : State by:
Commercial Street Police Station,
Bengaluru.
(By Public Prosecutor.)

ORDERS ON BAIL APPLICATION FILED UNDER

SECTION 438 OF Cr.P.C.
The learned Advocate for the petitioner (for
convenience, “the accused”) has filed the present
application under Section 438 of Cr.P.C. praying this Court
to grant anticipatory bail.
2. The brief facts of the case are as follow;
a) The Commercial Street police have registered the

case against the accused in Cr.No.102/2020 for the

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offences punishable under Sections 193, 120-B, 420, 120-

A, 403, 405, 415 and 464 of IPC on the basis of complaint

of one Sri.M.Jayaram.

b) It is alleged in the complaint dated 19.09.2020

filed by the complainant that he is working as a Branch

Manager of Sri.Krishnaiah Chetty Jeweler Pvt. Ltd.

c) The accused No.1/Hitesh Kumar Kataria is

working in the said shop as business development GM

since 02.04.2016.

d) In the month of January-2020, during the internal

audit, it is seen that said Hiteshkumar Kataria has created

inspection bills in the name of Abishek Rao, Meena Prasad,

Ashok Jaiswal, Narasimharaju, Samarth Priyadarshi,

Manjunath Poojari, Cene Krishnan and Sriraj Bhat on

different dates between 14.08.2019 to 07.01.2020 and

cheated the said company by selling the silver articles and

gold ornaments to the tune of Rs.1,55,64,980/- and not

remitting the said amount to the company account.

Accordingly, the complaint was filed.

3. This accused has approached this Court to grant

bail on the grounds that;

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a) She is innocent of the alleged offences. She has

been falsely implicated in the case.

b) She is law abiding citizen having deep roots in the

society. She has never committed any acts as alleged in the

complaint.

c) She apprehends her arrest on the basis of false

complaint registered in Cr.No.102/2020, since the

respondent police despite being aware of the delicate

situation pan India in view of the COVID-19 pandemic and

despite being aware of true and correct state of affairs in

relation to the said incident, are repeatedly seeking her to

appear before them in relation to the aforesaid FIR bearing

No.102/2020.

d) She presses into service the maxim/criminal

Cardinal principle “Bail is the Rule and jail is an

exception”. She presses into to service “not only justice to

be done, it should be seen to be done”.

e) The accused No.1 is already granted bail and

hence, on the ground of parity, she prays for grant of bail.

f) She is ready to furnish surety and abide by the

conditions that may be imposed on her by this Court.

 4 Crl.Misc.No.7278/2020

Hence, prayed to allow the petition in the interest of justice

and equity.

4. On the other hand, the learned public prosecutor

filed objections to the bail petition reiterating the complaint

averments along with the report filed by the investigating

officer and submitted that the bail petition filed on behalf

of accused is not maintainable either in law or on facts.

a) The investigation of the case is in progress. The

investigation officer has conducted spot mahazar in the

presence of panchas and recorded the statements of

witnesses.

b) This accused in collusion with accused No.1 has

created four inspection bills and committed fraud by taking

gold weighing 419.534 grams valued at Rs.18,93,995/-.

c) During the course of investigation, since there were

ingredients attracting offence under Section 408

requisition is made to the Court to permit the enquiry

under Section 408 of IPC.

d) At this stage, if this accused is granted bail, he

may hamper the investigation and tamper with prosecution

witnesses. Under these circumstances, he prayed this

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court to reject the bail petition in the interest of justice and

equity.

5. Heard the arguments of both sides. The learned

counsel for the petitioner has submitted the xerox copies of

the citations in;

1. (1980)2 SCC 565 (Gurbaksh Singh Sibbia and

others Vs State of Punjab)
2. (1994) 4 Supreme Court Cases 260 (Joginder
Kumar Vs State of UP and others.
3. (2005)6 Supreme court Cases 281 (Sushil Kumar
Sharma Vs Union of India and others.
4. (2011) 1 Supreme court Cases 694 (Siddhram
Satlingappa Mhetre Vs State of Maharashtra and
others.

a) This Court has carefully gone through the said

citations and perused the record.

6. Out of above said facts and circumstances of the

case, the points that arose for the consideration of this

Court are;

1. Point No.1: Whether the petitioner/the

accused proves that she is entitled
for anticipatory bail at this stage?

2. Point No.2: What order?

7. The answer of this Court to the above points are;

1. Point No.1: In Affirmative.
2. Point No.2: As per the final order for the
following reasons.
 6 Crl.Misc.No.7278/2020

REASONS

8. POINT No.1:- The respondent police have

registered a case in Cr.No.102/2020 against accused and

others for the offence punishable under Sections 193, 120-

B, 420, 120-A, 403, 405, 415 and 464 of IPC.

9. It is the contention of the accused that she is not

at all related to the alleged crime. She is permanent

resident of address shown in the cause title and ready to

furnish surety and abide by the conditions that may be

imposed on her by this Court. The accused No.1 is already

enlarged on bail. Hence, on the ground of parity she prays

for grant of anticipatory bail.

10. It is the case of the prosecution that the

investigation of the case is in progress and the accused in

collusion with accused No.1 has committed an offence of

cheating by crating the inspection bills to the tune of

Rs.18,93,995/-. At this stage, if she is enlarged on bail,

she may hamper the investigation and tamper prosecutions

witnesses.
 7 Crl.Misc.No.7278/2020

11. Admittedly, the investigation of the case is in

progress and though prima facie, it appears that the

amount alleged to be involved in the case is heavy, the

offences alleged are not punishable with death or

imprisonment for life.

12. Hence, keeping in view of the citations relied on

the counsel for the petitioner, and nature and gravity of the

offence and on balancing both interest of State and

individual liberty of accused and at the same time, the

apprehension of the prosecution which may be over come

by imposing necessary conditions on this accused. Thus, it

appeared just and necessary to allow the present petition

with the appropriate conditions. Therefore, this point is

answered in the affirmative.

13. POINT No.2:- In view of findings given on point

No.1, this Court pass the following order.

ORDER

The present bail petition filed by the

petitioner/the accused under Section 438
Cr.P.C. is hereby allowed.
Consequently, the respondent Police are
directed to release the petitioner/the accused
on bail in the event of her arrest in Crime
 8 Crl.Misc.No.7278/2020

No.102/2020 on obtaining a self bond for

Rs.1,00,000/- with one surety for the like
sum subject to following conditions.

1. The petitioner/ the accused shall appear

before the investigation officer when ever
called by for investigation.

2. The petitioner/the accused shall approach

the jurisdictional Magistrate for regular bail
within one month from today and the
learned Magistrate shall dispose of the bail
application of the petitioner/accused in
accordance with law without prejudiced by
this order.

3. The petitioner/the accused shall not

threat directly or indirectly any of the
prosecution witnesses.

4. The petitioner/the accused shall cooperate

with the investigating officer in proper
investigation of the case.

(Dictated to the Judgment Writer directly on

computer, corrected by me and then pronounced in the
open Court on this the 27th day of November, 2020).

(K. KATHYAYANI ),
LXVI Addl.CC & SJ, Bengaluru
 9 Crl.Misc.No.7278/2020

The counsel for petitioner

is absent.

The Order is pronounced in

the open Court (vide separate
Order).
ORDER
The present bail petition
filed by the petitioner/the
accused under Section 438
Cr.P.C. is hereby allowed.
Consequently, the
respondent Police are directed
to release the petitioner/the
accused on bail in the event of
her arrest in Crime
No.102/2020 on obtaining a
self bond for Rs.1,00,000/-
with one surety for the like
sum subject to following
conditions.
1. The petitioner/ the
accused shall appear before
the investigation officer when
ever called by for investigation.

2. The petitioner/the
accused shall approach the
jurisdictional Magistrate for
regular bail within one month
from today and the learned
Magistrate shall dispose of the
bail application of the
petitioner/accused in
accordance with law without
prejudiced by this order.

3. The petitioner/the
accused shall not threat
directly or indirectly any of the
prosecution witnesses.
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0

4. The petitioner/the
accused shall cooperate with
the investigating officer in
proper investigation of the
case.

LXVI Addl.CC & SJ,

Bengaluru .