IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1240/2019 Between:
Mr. Giri Devanur, Son of Mr. Sampath Iyengar, Aged about 49 years, Residing at No.513, 10th Cross, RMV Extension, Sadhashivnagar, Bengaluru – 560 080.
Presently Residing at No.15, Stafford Dr Princeton Junction, New Jersey – 08550. … Petitioner (By Sri K. Aravind Kamath, Senior Counsel for Sri Anand Muttalli, Advocate) And:
1. State by Cubbon Park Police Station, Represented by Government Advocate, High Court of Karnataka, Bengaluru – 560 001.
2. Mr. Ravishankar B. Bhooplapur, No.26, Princeton Drive, Syosset, New York, New York – 11791. … Respondents (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.253/2010 of Cubbon Park Police Station, Bengaluru City for the offences p/u/s 468, 471, 420 r/w Section 34 of IPC, 1860.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER The petitioner has sought for grant of anticipatory bail under Section 438 of Cr.P.C. and prays that he be enlarged on bail in the event of his arrest pursuant to the proceedings in C.C.No.9780/2018 pending on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 468, 471, 420 read with Section 34 of IPC.
2. The petitioner states that the complaint was filed, making out a case for the offences referred to above that had allegedly been committed by the accused including the petitioner herein. The petitioner is accused No.1 while her wife is accused No.2.
3. The facts that are made out in the complaint was that the petitioner had induced obtaining potential investors to invest in M/s. Gandhi City for Advanced Research and Development Ltd., which was floated by the petitioner. It is stated that many persons have invested the amount including the complainant. It is stated that about `10,12,63,285/- has been invested by many persons and in fact share certificates were issued to such investors. However, when refund was sought as the project did not materialize, the accused were unable to pay and consequentially the complaint came to be lodged. It is to be noted that the request for bail by the petitioner before the 55th Additional City Civil and Sessions Judge, Bangalore (CCH 56) has been rejected by order dated 07.02.2019 in Crl.Misc.No.964/2019.
4. The petitioner states that the other accused who is the wife of the petitioner has been enlarged on bail by this Court as per the order dated 02.12.2010 in Crl.P.No.5551/2010. The observations made in the said order would also ensure to the benefit of the petitioner, as the petitioner stands in a similar position. It is to be noted that investigation is complete and ‘B’ report came to be filed on 15.10.2014 and subsequently a protest petition has been filed by the complainant to the ‘B’ report and after considering the evidence, the matter has been revived.
5. Taking note of the fact that the other accused has been enlarged on bail and also taking note of the fact that the preliminary round of investigation is complete and documents and necessary evidence initially has been gathered by the Investigating Officer, it would be appropriate to direct that the petitioner be released on bail in the event of his arrest in connection with the offences referred to above.
6. It is to be noted further that similar conditions that were imposed in Crl.P.No.5551/2010 could be imposed on the petitioner in the present case also. It is however to be noted that though there was an observation with respect to surrendering of the passport, it is stated that the said condition has been relaxed insofar as the petitioner’s wife is concerned with a direction to obtain permission before leaving the jurisdictional Court.
7. Hence, taking note of the fact that much of the evidence is in the nature of documentary evidence, that the offences are not punishable with imprisonment for life and death. It would be appropriate to grant relief to the petitioner in the nature of anticipatory bail.
8. Accordingly, the petition is allowed, subject to the following conditions:-
(a) The petitioner shall appear in person before the Investigating Officer at Cubbon Park Police Station, in connection with C.C.No.9780/2018 within 20 days from receipt of this order and shall execute a personal bond for a sum of `5,00,000/- (Rupees five lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court.
(b) The petitioner shall not intimidate or tamper with the prosecution witnesses.
(c) The petitioner shall appear before the Investigating Officer if so required for further investigation.
(d) The petitioner shall not leave the country without the permission of the Court.
(e) The petitioner shall co-operate in the expeditious disposal of the trial.
(f) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities henceforth.
(g) The petitioner shall not tamper with evidence, influence in any way any witness or hamper directly or indirectly the investigation.
Any violation of the aforementioned conditions by the petitioner, shall result in automatic cancellation of bail.
Sd/- JUDGE VGR SSDYJ: Crl.P.No.1240/2019 11.06.2019 ORDER ON I.A.NO.1/2019 This application has been filed wherein it is pointed out as regards the condition at para 8(a) to appear before Investigating Officer is to be modified. In the light of the fact that investigation is completed and the matter is pending before the Court, after entertaining of the protest petition. It is submitted that the condition at para 8(a) ought to require appearance before the VIII Additional Chief Metropolitan Magistrate. It is also submitted that the time limit prescribed for making appearance before the Court should be period of two months from the date of this order. In the light of the fact that the petitioner is in New York, USA. It is further submitted that the other conditions relating to investigation would arise only in case of further investigation. Taking note of the submission made above, the condition at para 8(a) is to be modified as follows:
(a) The petitioner shall appear before the VIII Additional Chief Metropolitan Magistrate Court in connection with C.C.No.9780/2018 within a period of two months from the date of receipt of this order and shall execute a personal bond for a sum of `5,00,000/- (Rupees five lakhs only) with two sureties for the likesum to the satisfaction of the concerned court.
Accordingly, I.A.No.1/2019 is disposed of.
Sd/- JUDGE SMJ