IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.26 OF 2019 BETWEEN:
Kishore Kumar Aged about 26 years, R/a No.39/2, Belaku Nilaya, 2nd Cross, Thippanna Layout, Hennue Main Road, Kothnur, Bengaluru-560 077.
(By Sri.Arun A.Gadag, Advocate) AND:
State of Karnataka by Indiranagar Police Station, Represented by High Court Building HCGP, Bengaluru-560 001.
(By Sri.M.Divakar Maddur, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.206/2018 of Indiranagar Police Station, Bengaluru city for the offence punishable under Section 418, 409, 468, 420, 406, 417, 471 read with Section 34 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 No.1 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.206/2018 of Indiranagara Police Station for the offences punishable under Section 418, 409, 468, 420, 417 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that complainant is Indian citizen by birth. Now, she is employed and residing in United Kingdom. She opened NRI account with ICICI Bank in United Kingdom. She visited India on 21.12.2016 and visited ICICI Bank in Indiranagar Branch. It is further alleged during the period between 03.04.2017 to 26.05.2017, petitioner-accused No.1 and other accused persons induced her and made her to transfer a sum of `25,60,000/- and they have misappropriated the said amount for their personal gain and there is a criminal breach of trust and committed forgery and on the basis of the private complaint, the case has been registered in the above said crime number.
4. It is the submission of the learned counsel for the petitioner that, amount has been transferred by the complainant through internet banking on various dates. He further alleged that the complainant was working in United Kingdom and as she was not in a position to invest the said amount, she requested the accused to invest the said amount and to make profit of the said amount. According to the instructions of the complainant, accused has invested, but due to changes in Banking regulations, the interest which ought to have been paid has not been paid to the complainant and as such complaint has been registered.
5. It is further submitted by the learned counsel for the petitioner that there is no question of deceiving the complainant to transfer an amount of `25,60,000/-, since the said transaction has done through internet banking. The petitioner also submits that the complainant is very well aware that petitioner was not working with ICICI anymore and after utilizing his vast knowledge of investment she has initiated a false complaint against him and only with an intention to harass the accused the said complaint has been registered. The alleged offences are not punishable with death or imprisonment for life. Further he submitted that he is ready to co-operate with the investigation, abide by any conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on anticipatory bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused No.1 along with other persons induced and made her to invest an amount of `25,60,000/-. Thereafter, they have duped the said amount for their personal gain. He further submitted that the investigation is still in progress and accused-petitioner was not available for the purpose of investigation or interrogation. If he is released on bail he may abscond and he may not be available for trial. Hence, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submission made by the counsel appearing for parties and perused the records.
8. Even as could be seen from the copy of private complaint filed before the IV Additional ACMM Court, Bengaluru, there in, the amount has been transferred on various dates in between 03.04.2017 and 26.05.2017 and the said amount is requested to be invested in beneficial fund, the said aspect is also stated in the complaint. It is the specific contention of the accused-petitioner that he has invested, but due to the change of banking regulations the interest which ought to have been paid to the complainant has not been paid. He further submitted that he has already returned some of the amount to the complainant and there is no difference of opinion. The alleged offences are not punishable with death or imprisonment for life. Whether the accused-petitioner has induced the complainant and made her to invest and duped the amount by fraudulent way is to be considered only at the time of trial. Under such facts and circumstances, I feel, if by imposing some stringent conditions the petitioner-accused is ordered to be released on bail it is going to meet the ends of justice.
9. Keeping in view the above facts and circumstances, petition is allowed and the petitioner- accused No.1 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.206/2018 of Indiranagar Police Station for the offences punishable under Section 418, 409, 468, 420, 417 and 471 read with Section 34 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on anticipatory bail on he being executing a personal bond for a sum of `2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He should surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner directly or indirectly.
4. He shall mark his attendance once in 15 days between 10.00 a.m. to 5.00 p.m., before the concerned police station till the charge sheet is filed.
5. He should be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE ag