IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6315 OF 2018 BETWEEN:
Gopal Singh, S/o. Malam Singh, Aged about 46 years, Address at No.31, V.S.Lane, Chickpet, Bengaluru-560 053.
(By Sri.Ramakrishna.S, Advocate) AND:
The State of Karnataka by City Market Police Station, Bengaluru-560 002.
By Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Smt.Namitha Mahesh.B.G, HCGP) …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.106/2018 of City Market Police Station, Bengaluru City for the offence punishable under Sections 406, 420 read with Section 34 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER Petitioner is accused No.2 in Crime.No.106/2018 of City Market Police Station, Bangalore City. The said case is registered against the petitioner and four others for the offences punishable under Sections 406, 420 read with Section 34 of IPC on the basis of complaint of one Narayanalal.
2. It is alleged that the petitioner induced the complainant to enter into a partnership firm to run cloth business and complainant entered into partnership with his son-in-law and invested Rs.35,00,000/- in the business. It is alleged that the petitioner creating fake bills, vouchers etc., for purchase of sarees, cheated the complainant to the tune of Rs.2,41,38,000/-.
3. Learned counsel for the petitioner submits that other accused have already been granted bail by the Sessions Court. He further submits that the petitioner is ready to co-operate in the investigation. Hence, he prays for consideration of the bail application.
4. Learned HCGP submits that the petitioner is not the resident of Karnataka and he is evasive. She further submits that if anticipatory bail is granted, petitioner may flee from the justice.
5. No doubt, the major offence alleged i.e. under Section 420 of IPC carries imprisonment up to seven years, however, the magnitude of the fraud alleged is about Rs.2.5 Crores. Though the case is registered in May, 2018, police are not able to apprehend the petitioner. His custodial interrogation is required to recover the bills and vouchers, etc. Petitioner is not able to produce any material in proof of his residence at Bangalore.
6. Under these circumstances, it is not a fit case to grant anticipatory bail. Therefore, petition is dismissed.
Sd/- JUDGE SB/-