IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.300/2019 BETWEEN :
Mrs. Bani Gajra W/o P.K. Gajra Aged about 65 years Parkway Holdings, 4C/121, 4th Cross, Kasthuri Nagar Bengaluru-560 043.
(By Sri Ismail M. Musba, Advocate) AND :
State of Karnataka through Kadugodi PS Represented by the Public Prosecutor High Court Buildings Bengaluru-560 001.
(By Sri H.S.Chandramouli, SPP) … Petitioner … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.301/2018 of Kadugodi Police Station, Bengaluru City, for the offences punishable under Sections 406, 420, 465, 468, 471 and 120B r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.301/2018 of Kadugodi Police Station for the offences punishable under sections 406, 420, 465, 468, 471, 120B r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned SPP for the respondent-State.
3. The gist of the complaint is that the petitioner is the Director of Parkway Holdings Private Limited. the said Company is doing the development activities and there was a joint development agreement between the complainant and the said Company regarding the said projects wherein it has been agreed to share 65% of the undivided shares to the developer and 35% has to be given to the complainant. It is further stated that the developers by forging the documents to the bank have sold the property and caused loss to the complainant and they have also sold the plots without the knowledge of the complainant in order to make unlawful gain. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused Nos.3 to 5 have been released on anticipatory bail by the District Court. The petitioner is also entitled to be released on bail on the ground of parity. He further submitted that in the complaint and other averments there is no specific overt act as against the petitioner for having involved in the activities and transacted with any other persons. He further submitted that the alleged offences are not punishable with death or imprisonment for life. The petitioner is aged about 65 years and she being a lady is entitled to be released on bail. Petitioner is ready to abide by any conditions and ready to offer sureties. On these grounds, he prayed to allow the petition and to grant anticipatory bail to the petitioner.
5. Per contra, the learned SPP vehemently argued and contended that the petitioner is a beneficiary being the Director of the said developers and she along with other accused persons has collected huge money and they have misused the said money and cheated the complainant. He further submitted that the said the money is being invested by the public and due to the act of the accused persons, public are being cheated and therefore such matters have to be dealt with iron hands. The petitioner is not standing on the similar footing so as exercise ground of parity and she being one of the Directors of the said Company has actively participated in the alleged transactions. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. It is not in dispute that the agreement has been entered into between the developers and the complainant. It is also not in dispute that 65% of the undivided shares have to be given to the developers and 35% has to be given to the complainant. The only allegation which has been made is that the documents have been fabricated by the accused persons and they sold the plots by making undue advantage and money which is a matter that has to be considered and appreciated only at the time of trial and not at this premature stage. Accused Nos.3 to 5 have been released on bail under the similar facts and circumstances therefore, on the ground of parity petitioner-accused No.2 she being a lady is also entitled to be released on bail.
Accordingly, petition is allowed and the petitioner- accused No.2 is ordered to be released on bail in the event of her arrest in Crime No. Crime No.301/2018 of Kadugodi Police Station for the offences punishable under sections 406, 420, 465, 468, 471, 120B r/w. Section 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) She shall surrender herself before the Investigating Officer within fifteen days from today.
iii) She shall not tamper with the prosecution evidence directly or indirectly.
iv) She shall co-operate with the investigation.
v) She shall mark her attendance once in 15 days between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till the charge sheet is filed.
vi) She shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-