IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1284/2019 Between:
Joe Joseph S/o. K. V. Joseph No.204, Brigade May Fair, Cambridge Road, Halasur, Bangalore 560 008.
… Petitioner (By Sri. M. T. Nanaiah, Sr. Advocate for Sri. Siji Malayil, Advocate) And:
The State of Karnataka By Indiranagar Police Station Represented by SPP, High Court Building, Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to release the petitioner on bail in the even of his arrest by the Indiranagar Police for the offence punishable under Section 420 of IPC in Crime No.24/2019 which is now pending before the X ACMM, Mayohall, Bengaluru.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.24/2019 with respect to the offence punishable under Section 420 of IPC.
2. The case of the prosecution is that a complaint was filed stating that the complainant has to pay an amount Rs.17,80,000/- in connection with certain transactions wherein the complainant was assured that Bangalore was a suitable place for business and if complainant would invest, it would be a good business.
3. It is stated that contrary to the assurances though complainant had advanced loan of Rs.6,00,000/-, the transaction as promised did not take place. It is further stated that contrary to the assurances, things did not work out as was promised and the complainant incurred expenditure. Hence, a complaint was lodged. On the basis of the complaint FIR has been registered and investigation is in progress.
4. Learned Senior counsel appearing for the petitioner contends that the transaction as made out from the complaint is civil in nature and in fact the building of the petitioner has been used by the complainant for which rent is payable to him and hence, no case is made out in the complaint as can be proved.
5. Taking note of the fact that there are several transactions preceding lodging of the complaint that the payments made by the complainant are matters of record. There is force in the contention of the petitioner that no case is made out for custodial interrogation. Petitioner undertakes to co-operate with the investigation and that the petitioner states that his family is permanently settled in Bangalore. Accordingly, taking note of the offence lodged and also the factual matrix leading to the complaint, petitioner is entitled to be enlarged on bail in the event of his arrest.
6. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.24/2019 with respect to the offence punishable under Section 420 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.24/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a solvent surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP