The court balanced the right of the petitioner with the need for custodial investigation in granting anticipatory bail.

ORDER

1. Heard Sri. D.Prabhakar, learned counsel for the petitioner and learned High Court Government Pleader for the respondent - State and perused the records.

2. The present petition is filed under Section 438 of Cr.P.C seeking grant of anticipatory bail with the following prayer:

'WHEREFORE, the petitioner most humbly prays that this Hon'ble Court be pleased to pass an order granting anticipatory bail, directing the Respondent Police to immediately release the petitioner on bail in the event of his arrest by the Respondent Police in Crime No.237/2021 registered by the Whitefield Police for the offences punishable U/s 420, 468, 406 r/w sec. 34 of IPC filed before the Addl. Chief Judicial Magistrate (ACJM) Bengaluru Rural District and no orders passed by the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.337/2022, which is at Document No.1, in the interest of justice and equity.'

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

Sri. Murali Bandarupalli S/o Sri Navakoti lodged a complaint in Whitefield Police Station, Bengaluru City, on 13.11.2021, which came to be registered in Crime No.237/2021 for the offences punishable under Sections 420, 468, 406 read with Section 34 of IPC.

4. The complaint averments is that there is a contract to supply of certain equipments by the accused - petitioner herein to the complainant.

There were differences with regard to the terms of the contract and cheque issued by the complainant came to be dishonored and action has been initiated by the petitioner herein against the complainant and the complainant Company has also directed to pay 20% of the cheque amount. When the matter stood, a complaint came to be filed stating that cheating committed by the complainant herein. After registering a case, the Police have investigated the matter. The petitioner approached the District Court for grant of bail, which was turned down by an order dated 05.03.2022 in Crl.Misc.No.337/2022. Therefore, the petitioner is before this Court.

5. Learned counsel for the petitioner reiterating the bail petition by contended that the matter is of the civil in nature and unnecessarily as a counter blast the action has been initiated by the petitioner against the complainant - Company for offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and therefore, sought for grant of anticipatory bail.

6. Per contra, learned High Court Government Pleader opposes the bail petition.

7. This Court perused the material on record meticulously, in view of the rival contentions of the parties.

8. Admittedly, there is a contract between the parties and there are allegations that the cheque issued by the complainant Company got dishonored and action has been initiated in that regard by the petitioner herein. Thereafter, the present complaint came to be filed. The matter requires to be investigated by the Police. Accordingly, taking note of this aspect, this Court is of the opinion that directing the petitioner to join the investigation would facilitate the investigation process and also right of the petitioner and need of the custodial investigation can be harmoniously balanced. Accordingly, this Court proceed to pass the following:

ORDER

i. The Criminal Petition is allowed.

ii. The petitioner is directed to join the investigation by appearing before the Investigating Officer on 23.04.2022 at 10.00 a.m.

iii. The Investigating Officer is at liberty to take the petitioner to the custody and complete the custodial investigation, if any, on the same day before 6.00 p.m. Thereafter, enlarge the petitioner on bail, by taking a bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum.

iv. Petitioner shall not tamper the prosecution evidence or hamper the investigation process in any manner.

v. Petitioner shall mark his attendance before the Investigation Agency on every third Sunday between 10.00 am and 2.00 pm, till the final report is filed.

vi. Petitioner shall a