IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1592/2019 BETWEEN 1. D.C.Prakash, S/o late F D’Cruz, Aged about 52 years, R/at No.181, 1st Floor, KBAR Road, Austin Town, Bengaluru-560047 Wrongly Shown in the FIR as R/of KSB Colony, Nagareshwara Nagenahalli, Dinne, Bengaluru-560077 2. E.Prabhakaran S/o Ekambaram, Aged about 43 years, R/at No.335, 1st Cross, Arogyappa Layout, Ambedkar Main Road, Babusapalya, Bengaluru-560047.
Wrongly shown in the FIR as R/of KSB Colony, Nagareshwara Nagenahalli, Dinne, Bengaluru-560077 3. Nirmala W/o Kumar, Aged about 38 years, R/at No.6, ‘K’ Block, KSDB Quarters, Nagareshwara Nagenahalli, Bengaluru-560077 4. Shandrila, Wrongly shown as Shanu in the FIR, W/o Yesu, R/at No.8, ‘H’ Block, KSDB Quarters, Nagareshwara, Nagenahalli, Bengaluru-560077 5. Javeed Khan Shown as Javid in the FIR, S/o Abib Khan, Aged about 40 years, R/at No.9, ‘H’ Block, KSDB Quarters, Nagareshwara, Nagenahalli, Bengaluru-560077 6. Rani, W/o Raja, Aged about 36 years, R/at Kothanuru Dinne, Kothanuru, Bengaluru-560077 ... Petitioners (By Sri Sharath Gowda G.B, Advocate) AND State by Kothanuru Police, Bengaluru Represented by the Public Prosecutor, High Court of Karnataka, Bengaluru-560001 (By Sri Nasarulla Khan, HCGP) ... Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.17/2019 of Kothanur P.S., Bangalore City for the offence P/U/S 406, 468, 471, 419 and 420 r/w 34 of IPC.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition has been filed by the petitioners - accused Nos.1 to 6 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.17/2019 of Kothanur Police Station for the offences punishable under Sections 406, 468, 471, 419 and 420 read with Section 34 of IPC.
2. The complainant-Arun .S., in his complaint made before the police alleging that these petitioners are said to be the social workers and the NGO having organization in the name of Janashakti Vedike and they have obtained huge amount from the complainant and others with a range of Rs.1,50,000/- to 3,00,000/- with the assurance to provide allotment of house from the Karnataka Slum Development Board. But they have not provided any sites as per their assurance and they have created fake documents of allotment of sites and the same was given to the complainant, thereby they have committed the alleged offences.
3. After lodging of the complaint against them, offending their arrest in the hands of police for having committed the alleged offences this petition is filed.
4. Learned counsel for the petitioners contended that police have purposefully targeted these petitioners but they are actually social workers and they have not received any amount. Infact they filed an application before the Board for allotment of sites for the poor people which was pending for consideration. With an intention to harass the petitioners police have registered the false case. Petitioners are ready to abide any conditions that may be imposed on them by this Court and ready to offer sureties. The alleged offences are not punishable with death or imprisonment for life. Hence, he prays to allow the petition.
5. Per contra, learned HCGP vehemently argued and contended that there is a prima-facie case made against the petitioners as they have made false promise of allotment of sites by receiving huge amount and issued fake document showing allotment of sites. Petitioners are required for the purpose of custodial interrogation. Hence, he prays for dismissal of petition.
6. Heard the arguments of both sides and perused the records.
7. No doubt there is allegation against the petitioners regarding the allotment of sites through Karnataka Slum Development Board. They are said to be the social workers and made assurance of allotment of sites through Karnataka Slum Development Board by receiving amount from the people. As already three months is over about registering the case, there is no material placed on record to show the actual involvement of the petitioners in the alleged offences. Even otherwise the alleged offences are not exclusively punishable with death or imprisonment for life. The petitioners said to be the permanent residents of Bengaluru having deep roots in the society. Therefore, considering the facts and circumstances of the case, by imposing some stringent conditions, the bail is granted no prejudice would be caused to the prosecution case. Thus, petitioners are entitled to the anticipatory bail as prayed for. Accordingly, petition is allowed. Hence, the following:
ORDER The respondent – Police are directed to release the petitioners/accused Nos.1 to 6 on bail in the event of their arrest for the offences punishable under Sections 406, 468, 471, 419 and 420 read with Section 34 of the I.P.C., registered by the respondent – Police Station in Crime No.17 of 2019, subject to the following conditions:
(i) Petitioners-accused Nos.1 to 6 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioners shall make themselves available to the Investigating Officer for interrogation whenever called for; and (iv) Petitioners shall not indulge in similar offences strictly;
(v) Petitioners are deemed to be in custody for the purpose of recovery under Section 27 of Indian Evidence Act, 1872;
(vi) Petitioners shall appear before the concerned Court within fifteen days from the date of their arrest by the Investigating Officer and to move regular bail.
Sd/- JUDGE SN