IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8152 OF 2019 BETWEEN:
K.P.S.RATHNAM RAJU, S/O K VENKAIAH, 53 YEARS, OCC: AGRICULTURE, ARRAIGNED AS DIRECTOR, MYTHRI PLANTATION AND HORTICULTURE PRIVATE LIMITED, NO.9-100, B-3, KALLUKOTHALAVAARI STREET, CHIMAKOORTHI VILLAGE AND MANDAL, ANDRA PRADESH - 523 226. ...PETITIONER (BY SRI CHETAN DESAI, ADVOCATE) AND:
STATE OF KARNATAKA, BY CID POLICE, BANGALORE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI ROHITH B.J, 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 CR.NO.309/2014 (SPL.C.NO.216/2018) REGISTERED BY SIRA POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 420 AND120(B) OF IPC AND SECTION 9 OF KARNATAKA PREVENTION OF INTEREST OF DEPOSITORS IN ESTABLISHMENT ACT, 2004 AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.15 in Crime No.309/2014 of Sira Police Station for the offence punishable under Sections 420 and 504 of IPC, subsequently after filing of charge sheet and committal proceedings, a Special Case No.216/2018 has been registered.
3. The brief facts of the case are that one Mr.Govindharaju S/o Venkatachari has lodged a complaint stating that accused persons have started a financial institution by name Mythri Plantation and Horticulture Private Limited and they collected huge amount particularly from the complainant on the assurance that he will get lot of interest and etc., he deposited to the extent of Rs.8,10,000/- and bonds have been issued in that connection in his favour. Thereafter, on 18.11.2013, the said institution was closed and when the complainant went to that institution one Mr.Narasimhaiah abused in filthy language and threatened him with dire consequence of assaulting him with chappal. On the above said allegations, Police have registered a case and lodged charge sheet and during the course of filing of charge sheet thinking that this petitioner was a Director of the said Company, his name is also incorporated in the charge sheet.
4. Learned counsel for the petitioner has produced before this Court Form No.32, wherein it shows that the petitioner has resigned to the post of Director and the same was accepted by the Registrar of Companies with effect from 10.06.2010. The alleged incident appears to have been happened in the year 2013. It is further contended that no summons have been received by the petitioner, which is issued by the committal Court as well as this Special Court, therefore, he reasonably apprehends arrest in connection with the said case. Under the above said circumstances, in my opinion the petitioner is entitled to be enlarged on bail. It would virtually help the trial Court to proceed with the matter as expeditiously as possible. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.309/2014 of Sira Police Station for the alleged offence punishable under Sections 420, 120B of IPC and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, subject to the following conditions:-
i) The petitioner shall surrender himself before the Principal District and Sessions Court, Tumakuru, within Ten days from the date of receipt of a certified copy of this order and he execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like- sum to the satisfaction of the Jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
BSR Sd/- JUDGE