IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3793 OF 2019 & CRIMINAL PETITION No.3792 OF 2019 In Crl. P. No.3793/2019 BETWEEN:
Jyothi W/o Shrivardhan, Aged about 35 years, R/o Mayuri Nagar, Laxmi Suppire, Hyderabad-500 049, Telengana State.
(By Sri.Sameer S.N, Advocate) AND:
State of Karnataka, By CEN Crime Police Station, Davangere-520 129, Represented by Public Prosecutor , High Court Building, Bengaluru-560 001.
(By Sri.K.P.Yoganna, 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 her arrest in Cr.No.3/2019 of Davangere CEN Crime Police Station, Davangere for the offence punishable under Section 420, 506 read with 149 of IPC.
In Crl. P. No.3792/2019 BETWEEN:
Shrihari S/o Suryanarayan, Aged about 60 years, Occupation: Business, R/o Hyderabad-560 049, Telangana State.
(By Sri.Sameer S.N, Advocate) AND:
State of Karnataka, By CEN Crime Police Station, Davangere-520 129, Represented by Public Prosecutor , High Court of Karnataka, Bengaluru-560 001.
(By Sri.K.P.Yoganna, 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 her arrest in Cr.No.3/2019 of Davangere CEN Crime Police Station, Davangere for the offence punishable under Section 420, 506 read with 149 of IPC.
These Criminal Petitions coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. Brief facts of the case are that, a person by name Sri.V.V.Krishnarao S/o V.Venkatarao, resident of Davangere, has lodged a complaint against the petitioners and others in Crime No.3/2019 of Davanagere CEN Crime Police Station, for the offences punishable under Sections 420 and 506 r/w Section 149 of IPC.
3. The petitioner in Crl.P.No.3792/2019 is arraigned as accused No.6, whereas, petitioner in Crl.P.No.3973/2019 arraigned as accused No.2.
4. The brief facts of the case are that, the accused persons, particularly, one Sri.Srivardhan- accused No.1 and the petitioner in Crl.P.No.3793/2019, Smt.Jyothi, W/o Srivardhana and other accused persons by name Suresh, Namalsrikar, Srihari and Seetaram have joined together and informed the complainant that they are running a Company which deals with distribution of LED Bulbs and accused No.1 has taken distribution of the same. In this context, they requested the complainant to invest a sum of Rs.30,00,000/- for the purpose of making him as partner to the said distribution Company or partnership firm. In this background, complainant has invested Rs.30,00,000/- with them. As per the direction of accused No.1- Srivardhan, the amount has been deposited in the names of accused No.2-Jyothi and others. But no amount appears to have been deposited in the account of accused No.6-Suryanarayan.
5. It is further stated that after depositing the said amount, the complainant suspected accused No.1- Srivardhan that he has been intending to cheat the complainant. Thereafter, complainant demanded to return back the money. However, by one or the other way, accused No.1 dodging the payment of the said amount. Even after that, the complainant has stated that he trusted accused No.1-Srivardhan and paid various amounts in a total sum of Rs.70,00,000/- on the assurance that accused No.1 would get a flat in an apartment and he has taken money of Rs.15,00,000/- for the purpose of taking the distribution of LED Bulbs, Rs.25,00,000/- for the purpose of registration of site and also taken Rs.35,00,000/- for the purpose of giving some gold and another Rs.2,50,000/- for the purpose of providing an Engineering seat to sister’s daughter of complainant’s wife etc. Having taken all the moneys, accused persons joined hands together with an intention to cheat the complainant and did not return the money.
6. Looking to the entire allegations made in the First Information Report, it reveals that, the main allegation is against accused No.1, who is the route cause for the alleged cheating. Even otherwise, as rightly contended by the learned counsel for the petitioners that when the complainant has paid an amount of Rs.30,00,000/- in the initial stage, as the said amount was not returned and he has not made a partner to the distribution business of LEB Bulbs and demanded for the said amount, accused No.1 did not return back the money. Whether complainant can still trust the accused persons and paid above mentioned amounts subsequently, this is in fact has to be ascertained during the course of full dressed trial and investigation. There is no specific allegations against accused No.6 or accused No.2 that they had any intention to cheat the complainant or received any money from the complainant, except stating that as per the instruction of accused No.1, the complainant has deposited the amount into the account of accused No.2. Therefore, in view of the above facts and circumstances and considering the nature of the allegations and gravity of the offence that provisions under Section 420 of IPC is not exclusively punishable with death or imprisonment for life. By imposing stringent conditions, petitioners are entitled to be enlarged on anticipatory bail. Hence, the following;
ORDER The petitions are allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.3/2019 of Davanagere CEN Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the concerned jurisdictional Court without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE SB