IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 2015/2019 BETWEEN:
ANAND S., S/O LATE SREERANGAN, AGED ABOUT 35 YEARS, R/AT NO.3/1, 2ND ‘A’ CROSS, VINAYAKA LAYOUT, NAYANDAHALLI, BENGALURU – 560 039. … PETITIONER (BY SRI K.N. NARAYANA SWAMY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BANDEPALYA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 15. … RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.121/2018 OF BANDEPALYA POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 420, 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. Respondent – Police have registered a case against the accused under Sections 420 and 506 of IPC. in Crime No.121/2018.
3. The factual matrix of this case is that the accused is a person who has taken the vehicle bearing registration No. TN-20-AU6268 from one Ravi – complainant herein on rental basis. In turn the said vehicle was financed with Sriram Finance. As the complainant has not paid the amount to the financier, in that context the complainant told the accused to pay the rents to the Finance Corporation. As the accused has not paid the rents, it appears some rift arose between the complainant and the accused. In that context, it is alleged that, the accused has taken away the said vehicle and changed the number as well as the colour of the said vehicle etc. and as such the complainant has filed the complaint for the above said offences.
4. At this stage, it is very difficult for the Court to come to the conclusion that whether the offence under Section 420 is attracted or not and that has to be investigated by the police and tested during the trial.
5. Under the above said circumstances, as the offences are not punishable either with death or imprisonment for life and it is only a dispute between the complainant and the accused with reference to some civil transaction, in my opinion, it is a fit case to enlarge the petitioner on bail with stringent conditions.
6. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.121/2018 of Bandepalya Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE VP