IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.5410 OF 2018 BETWEEN:
Balakrishna Suvarna S/o Late Jinnappa Poojary Aged about 34 years R/o Kutpadi, Attavara Mangaluru – 575 001. …Petitioner (By Smt. Pooja Kattimani, Advocate for Sri. Ravindra B Deshpande, Advocate) AND:
The State of Karnataka By the Sub-Inspector of Police Economic and Narcotics Crime Police Station Mangaluru City – 575 001.
Rep. by State Public Prosecutor High Court Buildings Bengaluru – 560 001. …Respondent (By Sri. M. Divakar Maddur, HCGP) This petition is filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in event of his arrest in Cr.No.9/2018 of Economic and Narcotics Crime Police Station, Mangalore, for the offences punishable under Sections 405, 420, 463, 468 read with Section 34 of IPC and etc.
This petition coming on for Orders, this day, the Court made the following:
ORDER This petition has been filed by the petitioner - accused No.2 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.9/2018 of Economic and Narcotics Crime Police Station, Mangalore City, for the offences punishable under Sections 405, 420, 463, 468 read with Section 34 of IPC.
2. I have heard Smt. Pooja Kattimani, learned counsel appearing for petitioner-accused No.2 and learned High Court Government Pleader for respondent -State.
3. Gist of the complaint is that a private complaint has been registered against the petitioner-accused No.2 alleging that he along with accused No.1 have approached the complainant Bank for a Term loan of Rs.21,00,000/-
and they got sanctioned the said loan on 12.12.2016 by executing necessary documents in favour of the complainant Bank. Accused No.1 was the applicant and accused No.2 was the co-applicant to the said loan. It is further submitted that on 19.12.2016 another sum of Rs.25,00,000/- was got sanctioned to accused Nos.1 and 2 under the head of Secured Over Draft. It is further alleged that the accused No.2 has given his property as collateral security for the said loan valuing for a sum of Rs.80,00,000/- but the actual value of the said property was Rs.20,00,000/- and thereby they have cheated the Bank.
4. Learned counsel for the accused No.2 submits that accused No.2 was a co-applicant to the said loan and the valuation was done by the Officer of the Bank and no role was played by accused No.2 in the alleged transaction. The loan has been sanctioned to accused No.1 and Over Draft facility is also given to him only. It is further submitted that already accused No.1, under similar facts and circumstances, has been released on bail. Petitioner- accused No.2 is not required for the purpose of investigation. All the documents are with the Bank and Investigating Officer can collect the said documents from the Bank. It is further submitted that petitioner-accused No.2 is ready to abide by the conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, she prayed to allow the petition and to release the petitioner - accused No.2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that a petitioner- accused No.2 along with accused No.1 have cheated the complainant Bank by not repaying the loan amount sanctioned to them. It is the habit of the petitioner- accused No.2 that for the purpose of sanction of loan he used to overvalue the property and thereby cheat the Bank and he is a habitual offender. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, submission of learned counsel for the parties and perused the records which have been produced in this behalf.
7. The main allegation which has been made against petitioner-accused No.2 is that the property which has been given by accused No.2 as a collateral security is valued at a higher side than the actual value of the said property. The said fact is to be considered and appreciated only at the time of trial. The offences are not punishable with death or imprisonment for life. As accused No.1 has already been released on bail by this Court on 05.07.2018 in Crl.P.No.4490/2018, on the ground of parity, petitioner- accused No.2 is also entitled to be released on bail.
8. In that light, petition is allowed and the petitioner-accused No.2 is enlarged on anticipatory bail in the event of his arrest in Crime No.9/2018 of Economic and Narcotics Crime Police Station, Mangalore for the offences punishable under Sections 405, 420, 463, 468 read with Section 34 of IPC, subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. He should surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station till the trial is concluded.
Sd/- JUDGE SN