IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.6609/2018 BETWEEN :
Anitha Uthappa Aged about 48 years W/o Uthappa R/at K14/76, Gundurao Badavane, Kushalnagar, Somwarpet Taluk Kodagu District-571 201.
(By Sri D.Mohankumara, Advocate for Sri S.N.Sameer, Advocate) AND :
… Petitioner State by Madikeri Rural P.S.
Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
… Respondent (By Sri K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.332/2016 of Madikeri Rural police Station, Kodagu, for the offences punishable under Sections 416, 417, 420 and 423 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.332/2016 of Madikeri Rural Police Station, for the offences punishable under Sections 416, 417, 420, 423 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The brief facts of the case are that the complainant and accused started a Finance Company in the name and style of “Bhoomi Infra Dwelling Ltd.,” at Bengaluru and they were the partners in the said Company and if any person deposits Rs.20/- per day, the Company would repay an amount of Rs.7,200/- per annum and in total it would pay Rs.8,028/-. The complainant became the agent and the Company agreed to pay her 2% per annum as Commission for the total collected amount. Believing the words of accused No.2, complainant started collecting the money from her friends and relatives since 03.04.2014 and has paid the amount of Rs.4,39,445/- to the accused persons for which they have issued separate money bond/voucher for every person transacted in the name of the Company. It is further alleged that when complainant asked the accused persons to return the amount with commission after one year, the accused persons did not repay the same. On enquiring with the accused persons, they informed her that other persons in Bangalore are not available for contact and hence, could not return the money. On the basis of complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and she collected Rs.20/- per day from each person and the said amount has already been credited to Bhoomi Infra Dwelling Limited, Bengaluru and it is those persons who have not paid the amount to the complainant. He further submitted that accused No.2 under similar facts and circumstances has been released on bail by this Court in Criminal Petition No.5355/2018, disposed of on 4.9.2018 and on the ground of parity, the petitioner herein is also entitled to be released on bail. He further submitted that the alleged incident has taken place on 2.1.2014 and complaint has been filed on 24.11.2016. Therefore, there is inordinate delay in filing the complaint. He further submitted that Investigating Officer after investigating the case has filed B-report and the same has been accepted by the Court in a private complaint No.176/2016. He further submitted no individuals who have paid the amount have filed the complaint. The alleged offences are not punishable with death or imprisonment for life. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned HCGP for the respondent- State vehemently argued and submitted that the petitioner along with other accused persons have cheated the public at large by collecting an amount of Rs.20/- per day. The petitioner is absconding from the date of registration of case and she is not cooperating with the investigation. He further submitted that there is a breach of trust and if the petitioner is released on bail, she may tamper with the prosecution evidence and may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records, including the contents of the complaint and other materials which have been made available.
7. As could be seen from the contents of the complaint, the complaint itself clearly goes to show that the complainant is an agent who is working under the accused and she used to receive 2% commission of the total amount collected. The said amount has been collected from her relatives, friends and given to the accused and the same has been deposited in the name of the Company. Even the records also go to show that in another connected case, the police have already filed B-report. It is brought to the notice of this Court that already accused No.2 has been released on bail in Criminal Petition No.5355/2018, disposed of on 4.9.2018 and even on the ground of parity, the petitioner is also entitled to be released on bail. The alleged offences are not punishable with death or imprisonment for life. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on anticipatory bail, it would meet the ends of justice.
In that light, the petition is allowed. Petitioner is ordered to be released on anticipatory bail in the event of her arrest in Crime No.332/2016 of Madikeri Rural Police Station, for the offences punishable under Sections 416, 417, 420, 423 r/w. Section 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) She shall surrender before the Investigating Officer within fifteen days from today.
iii) She shall make herself available for investigation whenever she is ordered to do so.
iv) She shall mark her attendance before the jurisdictional police once in a month on every Second Saturday between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
v) She shall not leave the jurisdiction of the trial Court without prior permission.
*ck/-
Sd/- JUDGE