IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7911/2019 BETWEEN:
1. KRUTHIKA C., W/O. VINAY H.S., AGED ABOUT 34 YEARS, RESIDING AT NO.147, 1ST MAIN, 6TH CROSS, SOUNDARYA DEGREE COLLEGE, SOUNDARYA LAYOUT, SIDEDAHALLI, BENGALURU-560 073.
2. KARTHIK, S/O. M.CHANDRASHEKAR, AGED ABOUT 29 YEARS, RESIDING AT NO.403, 2ND MAIN, R.V.LAKSHMANA VILAS APARTMENT, RAMANJAYENA NAGAR, CHIKKALLASANDRA, BENGALURU-560 060. ... PETITIONERS [BY SRI. VIVEK A.R., ADVOCATE] AND:
STATE OF KARNATAKA, REP. BY R.G. NAGAR POLICE STATION, RAJAGOPALNAGAR P.S., BENGALURU. HIGH COURT, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR. NO.213/2019 OF RAJAGOPAL NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 506, 504, 448 AND 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.2 and 3 respectively of Rajagopal Nagar P.S. in connection with Crime No.213/2019 for the offence punishable under Sections 506, 504, 448 and 420 r/w. 34 of IPC on the file of the VII Additional C.M.M., Bengaluru City.
3. The brief factual matrix of the case as could be seen from the First Information Report is that;
Vinay H.S. [A1] was provided with some schemes by the Government. In order to complete the said schemes, he sustained some financial crisis. Therefore, he has taken loans from Prabhakar Shetty, Mahith Kota and Sunil and agreed to return the said amount on or before 3.10.2018. However, the said amount was not repaid to the complainant and others. In this context, a complaint came to be lodged. It is also seen from the records that the accused alleged to have issued some cheques which came to be dishonoured and thereafter, also he sought for time for repayment of money.
4. Looking to the above said facts and circumstances of the case, the dispute between the parties is more like a civil litigation. Hence, I am of the opinion that the petitioners herein are entitled to be enlarged on bail with conditions, as most of the offences are bailable in nature. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.213/2019 of Rajagopal Nagar 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 shall execute their personal bonds for a sum of Rs.1,00,000/- [Rupees one lakh only] each with one surety 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 jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) Petitioner No.2 shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Ksm*