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In The Court of The City Civil and Sessions Judge Mayohall, at Bangalore

This document is a petition filed in the City Civil and Sessions Court of Bangalore seeking anticipatory bail. [1] The petitioner states that the Varthur police have registered a false case against him under sections 379 and 380 of IPC based on a complaint filed by one Mr. Madhavareddy. [2] The petitioner further explains that he is an electrical contractor who had an ongoing contract with J.R. Infra Pvt. Ltd. for electrical installation work, but the company failed to make timely payments, leading to disputes over payments. [3] As a counterblast to the payment demands, the company has now filed a police complaint falsely alleging theft of electrical material by the petitioner.

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Sathya Mandya
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843 views

In The Court of The City Civil and Sessions Judge Mayohall, at Bangalore

This document is a petition filed in the City Civil and Sessions Court of Bangalore seeking anticipatory bail. [1] The petitioner states that the Varthur police have registered a false case against him under sections 379 and 380 of IPC based on a complaint filed by one Mr. Madhavareddy. [2] The petitioner further explains that he is an electrical contractor who had an ongoing contract with J.R. Infra Pvt. Ltd. for electrical installation work, but the company failed to make timely payments, leading to disputes over payments. [3] As a counterblast to the payment demands, the company has now filed a police complaint falsely alleging theft of electrical material by the petitioner.

Uploaded by

Sathya Mandya
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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IN THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE

MAYOHALL, AT BANGALORE

CCH No. .

Crl. Misc.No. /2015

PETITIONER : Mr.BHASKAR.R,
S/o.V.Radhakrishna, Aged about 30 years,
R/a No.34, 6th Cross, 50 Feet Road,
T.G. Layout, Ittamadu, Bangalore-85,
V/s.-

RESPONDENT : State by Varthur Police,


Bangalore, Represented by the
Public Prosecutor City Civil
and Sessions Court, Mayohall,
Bangalore City.

PETITION UNDER SECTION 438 OF THE CODE OF THE CRIMINAL


PROCEDURE:-

The Petitioner above named begs to state as follows:-

1) The address of the Petitioner for the purpose of issue of court


notices, summons etc., from this Hon'ble Court is as stated in the cause title
above and also that of his Advocates Sri.Rajagopala Naidu & K.R.Pradeep &
Associates, No.31/9, ‘NCP Towers’, 1 st Floor, 1st Main, Mount Joy Extension,
Hanumanthnagar, Bangalore-560 019.

2) The address of the Respondent for the above mentioned purpose is as


stated in the cause title above and that the Respondent is represented by the
Public Prosecutor City Civil and Sessions Court, Mayohall, Bangalore City.

3) The Petitioner submits that the respondent’s police have registered a


Crime No.139/2015 against him on the strength of the compliant filed by one
Mr.Madhavareddy. The respondent Police have registered a false case under
Crime No.139/2015 for the offence punishable under sections 379 & 380 of
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IPC.

4) The Petitioner submits that he is the sole proprietor of


M/s.Sri.Vinayaka Electricals and that he has been carrying on the business
since 8 years and has earned a very good reputation in the market and is
having necessary licenses to carry out the same. The petitioner has come
across M/s.J.R. Infra Pvt. Ltd., and that its Managing Director
Mr.Jagadeeshwara Reddy by looking at the track record and capability of the
petitioner has entrusted the project J.R. Greenpark to carry out the electrical
installation wherein the company used to supply wires and the petitioner was
required to install the wiring as per the drawings provided by the company. The
petitioner has carried out the works to the satisfaction of the said company in
the project J.R.Greenpark at Chandapura village, Anekal, Bengaluru. By
looking at the workmanship and the capabilities of the petitioner
Mr.Jagadeeshwara Reddy has assigned some more work contracts in the
company M/s.J.R. Housing Pvt. Ltd., wherein his son Mr.Niranjan Reddy is the
Managing Director of the said company. Accordingly the petitioner has been
appointed as the electrical contractor for the project M/s.J.R. Greenwich at
Kodathi village, Varthur Hobli, Bengaluru. The petitioner by employing the
labourers was carrying on the electrical installation wherein the company was
providing wires and the necessary electrical accessories and the petitioner
through his labourers was carrying on the installation in the villas in the said
project.

5) The Petitioner submits that from September 2014 he has been


carrying on the work but the said company was delaying in executing the
necessary work order even though the petitioner has made known his price and
the price was accepted and acted upon by the said company. The said
company was releasing the payments abruptly and the petitioner was finding it
difficult to carry on the work as he had to make weekly payments to the
labourers. The petitioner had given huge advances to the labourers so as to
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complete the work assigned to him by the company. The company was
delaying the payments to the petitioner herein thereby causing great
inconvenience to the petitioner even though he was very prompt in carrying on
the works.

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4

6) The petitioner submits that the company was very irregular in making
the payments and that the petitioner has demanded the company the
outstanding payments payable to him for the works completed by him. The
company kept on postponing in making the payments and made the petitioner
run from pillar to post. The petitioner has requested the company to release
the payments as he has to make weekly payments to the labourers. The
officials of the said company have totally stopped the payments and have
issued “Stop Payment” instructions to the cheques issued in the name of the
petitioner herein. The petitioner has demanded the payments during the
months of March 2015 and the company without terminating the contract with
the petitioner has employed the third parties to carry on the electrical
installation works during the subsistence of the contract with the petitioner
herein.

7) The petitioner submits that the company through its officials has
prevented the petitioner and his employees in entering the premises of the
project by posing dire consequences. The petitioner has demanded the
outstanding and has requested the company to clear the payments and not to
induct the third parties during the subsistence of the contract. The company as
a counterblast has preferred a police complaint against the petitioner herein
before the Varthur police alleging that the petitioner has committed theft of the
electrical wires and other electrical materials from the project
M/s.J.R.Greenwich at Kodathi village, Varthur Hobli, Bengaluru during the
month of May 2015.

8) The petitioner submits that the company through its officials started
threatening the petitioner not to make any claims against the said company and
have refused to settle the outstanding payments and prevented the petitioner
and his labourers from entering the site even though the contract was in force
with the petitioner herein. The petitioner further submits that the company has
taken the services of security agency and that the movement of the people is
duly monitored by the security personnel and that there are more than 200
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people who are working in the said project and that it is impossible for anyone
to commit any theft as each and every person are duly checked by the security
personnel and that there is only one access to the said project which is duly
guarded by the security personnel.

9) The petitioner submits that the respondent police solely on the


complaint preferred by the said company started harassing the petitioner and
threatening him to arrest him and put him behind the bars even though the
petitioner is innocent of any such offences. The petitioner is married and
having one small child aged about 2 years and that his wife is pregnant and is
in her 9th month. The petitioner is taking care of his aged parents. The
petitioner is the only bread earner in the family and further several people are
dependent on him for their livelihood. The respondent police day-in and day-out
are coming near the house of the petitioner herein and threatening to arrest
him and it is causing mental torture to the petitioner and to his family members.
The petitioner has shown all the documents and made known to the
respondent police about the outstanding amount payable by the company itself
and the complaint has been preferred as a counter claim just to deny the claim
of the petitioner herein. However, the Respondent Police are not in a position
to give heed to his words. As such, the Petitioner is left with no other
alternative but to approach this Hon'ble Court by way of this petition for
granting an Anticipatory Bail on the following among other grounds.

GROUNDS
i) The complainant has made all bald and baseless allegations without
furnishing any material evidence to show the involvement of the Petitioner in
the alleged crime.

ii) The Respondent police inspite of investigating into the authenticity of


the complaint and upon knowing the truth at the compulsion of the original
complainant are threatening to arrest the petitioner even though there is no
truth in the complaint.

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iii) The respondent police have not at all observed the fact that there are
more than 200 people who are living in the said project and that it is impossible
for the petitioner to commit any such crime as each and every moment is
monitored by the security personnel.

iv) The respondent police have failed to carry out any investigation but
just on the false complaint preferred by the original complainant have filed the
FIR and threatening to arrest the petitioner without any basis.

v) The petitioner has been targeted by the aforesaid company and by


preferring the police compliant to the respondent police and by misusing their
good offices are threatening the petitioner not to make any claims against the
company.

vi) The petitioner has lost his peace of mind due to false implication
made by the original complainant and has suffered losses in his business and
has been made a scape goat when the petitioner has insisted for the amounts
payable to him. The Petitioner is the law abiding citizen and permanent
resident of Bengaluru.
vii) The Petitioner will abide by any of the conditions that are imposed by
this Hon'ble Court in the event of his being released on Anticipatory Bail.

viii) The Petitioner is innocent of the alleged offence and inspite of the
same, he has been implicated in a false case. The Respondent Police are
making hectic efforts to harass the Petitioner.

ix) The Respondent police are frequently visiting the house of the
Petitioner creating scenes near his house, shattering his image and creating
bad image in the neighbourhood.

x) The Petitioner apprehend that he may be arrested and tortured and


humiliated at the hands of the Respondent police, though the Petitioner did not
involve in any such offence.
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xi) The Respondent police day in and day out knocking the door of the
Petitioner house. In the circumstances having left with no other choice, but to
approach this Hon'ble Court by way of this petition for seeking Anticipatory Bail.
The Petitioner is ready to assist the investigation of the Respondent police
during the course of the investigation and not at all tamper the witnesses.

xii) The Petitioner has not at all filed any of the similar petitions or
applications before any other courts for similar relief in respect of the aforesaid
Complaint.

WHEREFORE, the Petitioner prays that this Hon'ble Court be pleased to


allow the petition and grant the Anticipatory Bail to the Petitioner in the event of
his arrest by the Respondent police on the strength of the Complaint lodged by
the original complainant M/s.J.R.Housing Pvt. Ltd., through its representative
Mr.Madhavareddy in Crime No.139/2015 for the offence punishable under
sections-379 & 380 of IPC and to pass such other order/s or direction directing
them to release the Petitioner on bail in the event of his arrest, in the interest of
justice and equity.

BENGALURU,
DATE: ADVOCATE FOR PETITIONER.

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