IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8054 OF 2019 BETWEEN:
Mr. Arvind Reddy, Son of H. Venkatesh Reddy, Aged about 40 years Residing at No.2, 2nd Floor, SLV Plaza, Arvind Avenue, Kundalhalli Gate, Bangalore-560 037 …PETITIONER (BY SRI B.V. ACHARYA, SRI VIVEK S. REDDY SENIOR ADVOCATES & SRI K.N. SUBBA REDDY, SRI S. ISMAIL ZABIULLA, ADVOCATES) AND:
State by Cubbon Park Police Station, Kasturba Road, Bengaluru-560 001 Represented by Public Prosecutor High Court of Karnataka Bangalore-560 001 (BY SRI HONNAPPA, HCGP) …RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 197/2019 OF CUBBON PARK P.S., BENGALURU CITY FOR THE OFFENCE P/U/Ss 420 AND 120B READ WITH 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.4 in Crime No.197/2019 for the offence under Sections 120B and 420 read with Section 34 of IPC.
3. The brief factual matrix of the case are that in the year 2018 - 2019 the Karnataka Premier League (KPL) Cricket Matches were played by many teams. In respect of KPL 2019, between 15 to 30th of August, it was alleged that the 19th Game was played between Mysore Warriors and Bellary Tuskers. The petitioner alleged to be the former owner of the Bellary team. The allegation is that he instructed the captain of the Bellary Tuskers Team Mr. Gautam to play very slow so as to lose the match, but on 26.08.2019 on the day of match he told him again to play as usual. It is further alleged that in the year 2018 in the 21st KPL Match played on 02.09.2018 between Shivamogga and Bellary the petitioner has secured the bowler by name Abrar Khazi and the captain Gautam and directed them to lose the match so that he can give appropriate amount to them. Except this allegation there are no allegations found in the First Information Report. Learned HCGP also not brought to the notice of this Court any other allegations or investigation made against this petitioner during the course of investigation so as to implicate him in for other allegations.
4. So far as the above allegations are concerned, the learned counsel for the petitioner draw my attention to the score-sheet of these two matches. Actually the match was played between Bellary and Shivamogga, the said Abrar Khazi has taken 2 wickets in four overs, giving 32 runs. The said Gautam has actually scored 57 runs in 52 balls as a batsman. He is the highest scorer in the said match and the match was tie-up and in the super over the said Gautam has scored three sixes in a over and ultimately the Bellary team won the said match.
5. The second score-card is pertaining to Mysore Warriors and Bellary Tuskers. In this case though the Bellary Tuskers Team headed by Mr.
Gautam as captain lost the match, but the learned counsel pointed out that the said Gautam scored 97 runs in 50 balls in the said match and he remained not out in the match. Further, they scored 240 runs in 20 overs. However, the other side Mysore Warriors scored 241 runs losing 7 wickets in 20 overs. Though the match was lost by the Bellary Tuskers, the learned counsel contended that the players have played as usual. Therefore, it creates serious doubt whether such conversation was actually taken place between the petitioner and the players or else only on the basis of the voluntary statement of the accused the said allegations are falsely made against the petitioner. Has to be thrashed out during the course of full dressed investigation and trial. At this stage, the conversation that has been taken place is not supported by other materials placed before this Court i.e. score-board.
6. Under the above said facts and circumstances, in my opinion when there are no allegations that the petitioner has not actually involved in making any payment to any of the parties and particularly the matches which are played are equally balanced and in one match the Bellary Team has won the match, the petitioner is entitled to be enlarged on bail.
Apart from the above, the learned counsel also contended that the petitioner is an Advocate, he is a reputed person in the society and he is representing Advocate’s Cricket Team and they are proposed to go to New Zealand shortly. Therefore, if bail is not granted, their reputation will be lost and it cannot be compensated by any means later. Considering the above facts and circumstances and the factual matrix of the case, I am of the opinion that this Court can exercise Jurisdictional discretion to enlarge the petitioner on bail, as prayed for. 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.197/2019 of Cubbon Park Police Station, for the alleged offences, subject to the 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 shall execute his personal bond for a sum of Rs.1,00,000/- 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 the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
In view of disposal of the petition on merits, I.A. No.1/2019 also stands dismissed.
Sd/- JUDGE Sbs*