IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5372/2018 C/W CRIMINAL PETITION NO.5371/2018 In Crl. P. No.5372/2018:
BETWEEN:
1. Athamus Venture Management Private Limited Company, Registered Office Address:
No.208, Regent Prime, 48-50, Whitefield Main Road, Whitefield, Bengaluru, Karnataka-560 066.
2. Autus Developers Private Limited, The above Companies Represented By their authorized Signatory, The Director of the First Petitioner Company, Mr.Ashok Kinha, Son of Late Yudhvir Singh, Aged about 44 years, Residing at No.196, Phase-1, August Palm Meadows, Whitefield, Bengaluru. ...Petitioners (By Smt.Mubarak Begum.S, Advocate) AND:
1. State by Whitefield Police Station, Bengaluru City, (Represented by Public Prosecutor). Bengaluru-01.
2. Mrs.Oindrila Dasgupta, D/o.Mihirsen Gupta, Aged about 32 years, Presently residing at No.Flat 76C, Pocket A3 Kalkaji Extension, Everest Apartment Kalkaji, South Delhi, Delhi-110 019. ...Respondents (By Sri. K.P.Yoganna, HCGP for R1;
Sri. Gururaj Joshi, Advocate for R2) This Criminal Petition is filed under Section 439(2) of Cr.P.C praying to cancellation of bail order dated 29.06.2017, passed in the Court of the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Cr.Misc.P.No.800/2017 for the offences punishable under Sections 416, 420, 468 read with 34 of IPC.
In Crl.P.NO.5371/ 2018 BETWEEN:
1. Athamus Venture Management Private Limited Company, Registered Office Address:
No.208, Regent Prime, 48-50, Whitefield Main Road, Whitefield, Bengaluru, Karnataka-560 066.
2. Autus Developers Private Limited, The above Companies Represented By their authorized Signatory, The Director of the First Petitioner Company, Mr.Ashok Kinha, Son of Late Yudhvir Singh, Aged about 44 years, Residing at No.196, Phase-1, August Palm Meadows, Whitefield, Bengaluru. ...Petitioners (By Smt.Mubarak Begum.S, Advocate) AND:
1. State by Whitefield Police Station, Bengaluru City, (Represented by Public Prosecutor). Bengaluru-01.
2. State by Varthur Police Station, Bengaluru City, (Represented by Public Prosecutor), Bengaluru-01.
3. Mrs.Oindrila Dasgupta, D/o.Mihirsen Gupta, Aged about 32 years, Presently residing at No.Flat 76C, Pocket A3 Kalkaji Extension, Everest Apartment Kalkaji, South Delhi, Delhi-110 019. ...Respondents (By Sri. K.P.Yoganna, HCGP for R1 & R2; Sri. Gururaj Joshi, Advocate for R3) This Criminal Petition is filed under Section 439(2) of Cr.P.C praying to cancel the anticipatory bail granted to the respondent No.3 vide order dated 15.02.2017 of anticipatory bail granted by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.165/2017 and in Cr.No.119/2017 for the offence punishable under Sections 406, 471, 420 and 468 read with 34 of IPC registered before the Whitefield Police Station.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R The Criminal Petition No.5372/2018 and Criminal Petition No.5371/2018 have been filed by the petitioners/complainant Nos.1 and 3 under Section 439(2) of Cr.P.C., praying this Court to cancel the bail orders dated 29.06.2017 and 15.02.2017 passed by the Courts below respectively in Crl. Misc. No.800/2017 and in Crl. Misc. No.165/2017 for the offences punishable under Sections 406, 471, 416, 420 and 468 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners in both the cases and the learned High Court Government Pleader for State and also learned counsel appearing for accused in both the cases.
3. After hearing the learned counsel appearing for both the parties, the present petitions have been filed for cancellation of the bail granted in Crl. Misc. No.800/2017 and Crl. Misc. No.165/2017 by Courts below.
4. It is the submission of the learned counsel for petitioners that after the grant of bail, the accused has violated the conditions imposed by the trial Courts.
5. As such, petitioners have got a pragmatic case, where the accused ought to have abided by the conditions imposed by the Courts which had granted by exercising its discretion. But the respondent No.2 in Crl.P. No.5372/2018 and respondent No.3 in Crl. P. No.5371/2018 has violated the same. Under such circumstance, the petition stands disposed of. Liberty has been given to the complainants to move before the trial Courts for cancellation of the bails and in the event if any adverse orders are against the complainants, then they are at liberty to move this Court for further orders.
The trial Courts are directed to dispose of the matter expeditiously.
I.A. No.1/2018 is filed in both the cases. In view of disposal of the main petitions, I.A. No.1/2018 do not survive for consideration. Accordingly, I.A. No.1/2018 stands disposed of in both the cases.
Registry is directed to return the documents to the learned counsel for petitioners with proper acknowledgment by keeping a copy.
Sd/- JUDGE VBS