IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7639 OF 2019 BETWEEN:
B.M. Chandrashekar S/o. Late B. Muniswamy Gowda, Aged about 49 years, R/at No.23, SLV Nivas, 3rd Cross, 1st Main, Subramanya Layout, Vijanapura Post, Bangalore-560 016 (BY SRI K. VIJAYA KUMAR, ADVOCATE) AND:
…PETITIONER State of Karnataka by Ramamurthy Nagar Police Station, Represented by its Public Prosecutor, High Court Building, Bangalore-560 001 (BY SRI ROHITH B.J. 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.432/2019 OF RAMAMURTHY NAGAR POLICE STATION, BANGALORE CITY FOR THE OFFENCES P/U/SS. 384, 504 AND 506 READ WITH SECTION 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. A case has been registered against the petitioner for the offence under Sections 506, 504 and 384 of IPC in Crime No.432/2019 by the respondent-police.
3. The brief facts of the case as could be seen from the complaint averments are that the complainant by name Subedar Loganathan has entered into the chit fund business conducted by the accused. He was one of the customer in the chit fund and he has stated that he has paid the entire chit fund amount. At the time of entering into chit fund transaction he has given some documents and blank Cheques as security to the petitioner in the year 2015. In the year 2017 the said chit fund tenure was over, but the petitioner has not returned the documents and blank Cheques to the complainant. When the complainant asked for those documents and the blank Cheques, the petitioner threatened him with dire consequences and also it is stated that those Cheques were taken from the complainant by threatening him at the time of chit fund business.
4. Looking to the above said facts and circumstances though the said transaction was ended in the year 2017, but up to 05.10.2019 no complaint has been lodged and there is long delay in lodging the complaint itself. Though some transaction has been taken place between the complainant and the petitioner, what exactly transpired between them, has to be established during the course of full dressed trial.
5. Looking to the above said facts and circumstances of the case, the offences are not punishable under Section 384 of IPC is to the maximum extent of three years imprisonment. The other offences are bailable in nature. In the above said facts and circumstances, the petitioner has made out a ground for anticipatory bail as prayed for.
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.432/2019 of Ramamurthy Nagar Police Station, 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 personal bond for a sum of Rs.50,000/- 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.
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 Sbs*