IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7499 OF 2019 BETWEEN:
MR. BIDDAPPA M.M. @ SAMEER BIDDAPPA, S/O MAJOR M.N.MACHAIAH, AGED ABOUT 42 YEARS, RESIDING AT NO.30, ANNAYYA REDDY LAYOUT, DODDA BANASAWADI, BANGALORE – 560 043.
... PETITIONER (BY SRI.SUNIL KUMAR H., ADVOCATE) AND:
STATE OF KARNATAKA, BY RAMAMURTHY NAGAR POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
…RESPONDENT (BY SRI.ROHITH B.J., HCGP) 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 CR.NO.343/2019 OF RAMAMURTHY NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 420 R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent – State and perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.343/2019 for the offence punishable under Sections 420 r/w 34 of IPC registered by the Ramamurthy Nagar Police Station, Bengaluru.
3. A lady by name Smt. Sumarani lodged a complaint on 27.07.2019 stating that after completion of P.U Education she wanted her son to study MBBS. In that context, it is alleged that the petitioner who is the head of the Chanakya Techno Trust Institution had assured the complainant that he would get her son medical seat and he demanded and accepted a sum of Rs. 5,50,000/- by way of transferring the amount to the account of accused No.1. It is alleged that thereafter they have not secured medical seat to the son of the complainant nor returned the amount.
4. The learned counsel for the petitioner submitted that there is loan agreement between the petitioner as well as the complainant for a sum of Rs.5,00,000/-. The said agreement is produced before the Court. It is further contended that there was some dispute with regard to the interest. In this regard false allegation is made by the complainant by lodging the complaint against the petitioner. This aspect has to be thrashed out during the course of full fledged investigation. Loan agreement has to be produced before the investigating Officer to find out the veracity of the aforesaid submission. The offence is not punishable either with death or imprisonment for life. Hence, the petitioner is entitled to be enlarged on bail by imposing stringent conditions. 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.343/2019 of Ramamurthy Nagar Police Station, Bengaluru 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 Bengaluru District without prior permission of the Court, 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 ie, 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 HR