IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.8271 OF 2019 BETWEEN:
1. BALAKRISHNA V R, SON OF RAMAMURTHY K V, AGED JABOUT 34 YEARS, AND RESIDING NO.49/31, NEAR NORTH MEENAKSHI APARTMENT, AGRAHARA LAYOUT, BENGALURU NORTH TALUK, BENGALURU-560162.
2. NAVEEN KUMAR K, SON OF KEMPAIAH HR, AGED JAJBOUT 28 YEARS, AND RESIDING AT NO.16, I CROSS, II MAIN ROAD, KANAKANAGAR, BENGALURU-560032. ...PETITIONERS (BY SRI ABHINAY Y T, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY WHITEFIELD POLICE STATION, BENGALURU, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SRI HONAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.399/2019 OF WHITEFIELD P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 415, 419, 420, 464, 465, 466, 467, 468, 474, 120B, 506 R/W 34 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned counsel for the petitioners files a memo stating that petitioner No.2 Naveen Kumar was arrested by the respondent police and released on regular bail. This particular aspect has not been denied by the learned High Court Government Pleader for the respondent-State. Perused the records. Therefore, the petition stands dismissed so far as petitioner No.2 is concerned by virtue of the memo filed by the learned counsel for the petitioners.
2. The learned counsel for the petitioner No.1 has sought for grant of anticipatory bail in connection with Crime No.399/2019 of Whitefield Police Station for the offence under Sections 415, 419, 420, 464, 465, 466, 467, 468, 474, 120(B), 50 read with Section 34 of the Indian Penal Code.
3. The brief facts on which a complaint has been lodged by the complainant by name Vasu Ramiah is that, Sy.No.1/1 of Nagagondanahalli village in Krishnarajapuram Taluk, measuring 5 acres is ancestral property of the complainant. The complainant had been to U.S. and he has been residing there and often he used to visit Bengaluru. When he came to Bengaluru recently and was trying to develop the property he came to know that a person by name Vasu (accused No.1) has executed a sale agreement in favour of one Rajanna (accused No.2). For that one Mr. Bharath has put his signature as an attesting witness who is arraigned as accused No.4. Therefore, on the above said grounds stating that in order to cheat the complainant the said fake documents have been created by the accused persons.
4. Though initially the name of this petitioner has not been mentioned in the FIR, the petitioner has stated that the petitioner Nos.1 and 2 have acted as brokers for the said transaction. Therefore, petitioner No.1 apprehends arrest reasonably at the hands of respondent police.
5. The learned HCGP submitted before the Court, that the petitioner No.1 is arraigned as accused No.9 in the above said crime number. Therefore, it fortifies that the petitioner is also arraigned as one of the accused in the above said crime number. The co- accused who stands on the same footing as that of this petitioner i.e., accused No.7 (petitioner No.2 herein) was already arrested and released on bail. Therefore, this petitioner also reasonably apprehends arrest at the hands of the respondent police. As there are no allegations in the FIR, subsequently it revolved that the petitioner also acted as a broker, his role has to be considered by the police during the course of investigation. Therefore, by imposing stringent conditions the petitioner is entitled to be enlarged on bail. Hence the following :
ORDER The petition is dismissed so far as the petitioner No.2 is concerned.
The petition is allowed so far as petitioner No.1 is concerned. Consequently, the petitioner No.1 shall be released on bail in the event of his arrest in connection with Crime No.399/2019 of Whitefield Police Station for the alleged offences, subject to the following conditions:-
i) The petitioner No.1 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.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner No.1 shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner No.1 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 No.1 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 No.1 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.
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