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IN THE COURT OF THE HON’BLE 30TH ACMM COURT,

AT BENGALURU

(Memorandum of Criminal Miscellaneous Petition for Anticipatory

bail Under Section 438 of Code of Criminal Procedure)

C.C No. 27679/2019

In Crime No. 154/2019

BETWEEN:

J. P Nagar Police …Complainant

AND;

Shankar Prasad Saw … Accused

MEMORANDUM OF PETITION UNDER SECTION 438 OF THE

CODE OF CRIMINAL PROCEDURE 1973

1. That for the purpose of service of notice from this Hon'ble Court,
the addresses of the parties have correctly set out in the cause title
above. The Notices to the accused may also be served on his counsel
Mr. K.S. Raghuram, Advocate, M/s Pro Legal, #524, 10th Main
Road, 33rd Cross, 4th Block Jayanagar, Bangalore 560 011.

2. Brief Facts of the Case;

a. It is submitted that the Accused is a Business man with a

pristine reputation in the community and is of sound and
responsible character. It is further submitted that the
allegations made on the conduct of the Accused are blatantly
false and cannot be proved beyond reasonable doubt.
b. It is submitted that the Complainant and the Accused had
entered into a partnership agreement to create a company by
the name of M/s Heritage Consultancy Services on
10/11/2017 and as such the Complainant was asked to pay
40% of the invested capital for the partnership which was not
paid till date by the Complainant.
c. It is submitted that the Complainant instead decided to invest
in a food event in J.P Nagar along with his sister by the name
of Durgaparameshwari Maidan which resulted in sever losses
of the Complainant further exposing his inability to manage
his funds and lack of business acumen. It is further submitted
that the due to the major losses suffered the Complainant
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received a loan from the Accused for an amount of Rs. 3,

00,000/- (Rupees Three Lakhs Only).
d. It is submitted that the Complainant had paid amount which
was owed by him in a matter of 3 months by moving to a
rented house so he could pay back his dues. It is further
submitted as the Accused was already paid back his dues and
as such he had no motive to commit the alleged crimes
claimed by the complainant.
e. It is submitted as per the allegation of the Complainant the
Accused harbored a grudge against the Complainant as he was
residing with the sister of the Accused which is blatantly false
and amounts to nothing more than hearsay on behalf of the
Complainant. It is further submitted that as per the allegations
of the Complainant, on 22.8.2019 the Accused called the
Complainant around 3.30pm near Central mall and beat him
with his hands to coerce the Complainant to sign a bond for
Rs. 7,00,000/- (Rupees Seven lakhs only) and threatened the
family of complainant as well.
f. It is submitted that the Accused who had firsthand knowledge
of the ineptitude of the Complainant’s finances had neither the
motive nor the desire to extort the Complainant and is a victim
of the vindictive nature of the Complainant. It is submitted
that on 29.08.2019 the J.P nagar police station registered the
complaint and failed to properly investigate all the facets of the
case and have right away arrested the Complainant without
first gathering all the facts.
g. It is submitted that the jurisdictional police have filed FIR in
Crime No, 154/2022 under IPC Sections 323 & 384 against
the accused and are absolutely false, arbitrary, highly
prejudicial and incorrect. It is further submitted that this
Accused is totally innocent of all the alleged offences and as
such have come before this Hon’ble Court seeking relief of
anticipatory bail. For the sake of ID proof a copy of the Aadhar
card and Pan Card of the Accused are herewith produced as
“Annexure 1 & 2
h. It is submitted that the Accused hails from a highly
respectable family with good reputation and is a law abiding
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citizen who respects the law and order in the society. It is

further submitted that the complainant police may arrest the
Accused and any such arrest would cause serious impact on
the reputation of the Accused in the society and as such he
has preferred this petition.
i. It is submitted that, if this petition is allowed, the accused
would fully co-operate with the investigation of the case and
would not in any way meddle with evidence of the
Complainant. It is further submitted that from the above it is
abundantly clear that the complainant has made the false
allegations against all the Accused herein and had filed a false
complaint with evil designs to malign the image of the accused
and with malafide intentions to cause hardship to the accused
and as such the complaint is not maintainable as against this
accused.
j. The above Accused most humbly submits that he has been
falsely implicated in to this case and he is absolutely innocent
about all the allegations which have been falsely implicated by
the complainant J.P Police Station, Bangalore City. The
Accused further submits that he is a permanent resident of
Bengaluru City and with house property at Bengaluru. Any
stringent condition may be imposed in the event of being
enlarged on bail.
k. It is submitted that there are no specific overacts against this
Accused and the allegation in the Complaint clearly goes to
show that the Accused is falsely implicated as he had no prior
motive to act on the alleged crime made out in the complaint
and the fact that the Complainant reported the crime after a
lapse of 6 days in all the more evidence that this is a false
complaint. It is further submitted that the accused undertakes
that he will not tamper with the prosecution witnesses and he
is ready to furnish solvent surety or sureties for his due
appearance to the satisfaction of this Hon’ble Court.
l. The above named Accused further submits that the alleged
offences are not punishable with life or death imprisonment.
The alleged offences are exclusively triable by the learned
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Magistrate, and this Hon’ble Court has ample powers to grant

Anticipatory Bail to this Accused.
m. The above named Accused further submits that he may
be permitted to urge additional grounds at the time of
arguments.

WHERFORE, the above named Accused most humbly prays that

this Hon’ble Court may be pleased to grant Anticipatory bail to the
Accused and direct the Investigating officer not to arrest the
Accused, and in the event of arrest release him all on bail in Crime
No. 154/2019, for alleging offence punishable under sections 323,
384 of Indian Penal Code of the Complainant police, which is
pending on the file of the 30th Addl. CMM Court, Nrupatunga Road,
Bangalore, on such terms and conditions as this Hon’ble Court
deems fit to impose, in the circumstances of the case, in the interest
of justice.

Place: Bangalore
Date: Advocate for Accused