IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8779 OF 2018 BETWEEN:
Iqbal Pasha, S/o Abdul Basha, Aged 57 years, R/at No.503,40/2, Sahara Residency, Bazar Street, Yeshwanthpur, Bengaluru – 560022. ...Petitioner (By Sri.Kumara K.G, Advocate - absent) AND:
1. State of Karnataka by Station House Officer, Yeshwanthpur Police Station, Bengaluru City – 560022.
2. Commissioner of Police Bengaluru City, Bengaluru – 560001.
(Represented by Learned State Public Prosecutor) Bengaluru – 560001. ...Respondents (By Sri.K.P.Yoganna, 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 N.C.R.No.515/2018, of Yeshwanthpur P.S., Bengaluru for the offence punishable under Section 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying to release him on anticipatory bail in N.C.R No.515/2018 of Yeshwanthpur Police Station, Bengaluru.
2. I have heard the learned counsel for the petitioner and also the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the complainant was acquainted with one Mohammed Abbas from past 8 months and he was doing money lending business. Thereafter the said Mohammed Abbas asked the complainant for financial help and he had promised the complainant that he will return the money with interest. Believing the words of Mohammed Abbas in the month of April 2018, the complainant had arranged cash of Rs.18 lakhs from his relatives and had given the said amount to Mohammed Abbas. After few months when complainant started asking to return the money then Mohammed Abbas started to postpone the same. Then the complainant had given a complaint to the Police stating that the amount may be recovered and same has to be paid. On the basis of the said complaint an N.C.R No.515/2018 has been filed.
4. It is the submission of the learned counsel for the petitioner that the respondent police have registered N.C.R complaint and he is apprehending his arrest. In the event of his arrest, he may be enlarged on bail. He further submits that he is not at all connected with any crime and only with an intention to harass, the police are calling him. On these grounds, he prays to allow the petition and release the accused/petitioner on bail.
5. Per contra, learned HCGP vehemently argued and submitted that on the basis of the N.C.R report, the police have given an endorsement to the complainant that the said case is in the nature of civil dispute and that endorsement has been given to the complainant to approach the Civil Court for recovery of the said money. Under the said facts and circumstances, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for the parties and perused the records.
7. It is well established principles of law that whenever, the accused person apprehends his arrest in any non-cognizable offence, then, under such circumstances anticipatory bail can be granted. It is not in dispute that on the basis of complaint, N.C.R No.515/2018 has been registered and it is the specific submission of the learned HCGP that already under the said N.C.R, an endorsement has been given to the complainant to approach the Civil Court to adjudicate their rights as the said act is civil in nature. Under the said facts and circumstances, without any further order, the petition is disposed of.
Sd/- JUDGE NS