IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1694/2019 BETWEEN:
M. Ashok Kumar @ Ashok, S/o. late Mohan C., Aged about 62 years, Residing at No.33/2, Osborne Road, Near Lake Side Hospital, Shivan Chetty Garden, Bengaluru North, Bengaluru-560 042. ...PETITIONER (By Sri. J.S.Halashetti, Adv.) AND:
State of Karnataka, By K.R.Puram P.S., Rep. by Public Prosecutor, High Court Complex, Bengaluru-560 001. ...RESPONDENT (By Sri.M.Divakar Maddur, 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 Crime No.89/2019 of K.R.Puram P.S., Bengaluru City for the offences p/u/Ss. 471, 419, 406, 420, 506, 120B 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 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.89/2019 of K.R. Puram Police Station for the offences punishable under Sections 471, 419, 406, 420, 506, 120B of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The brief facts of the case of the complainant are the petitioner i.e. accused No.1 was working as a Revenue Consultant and Document Writer. Complainant was acquainted with accused No.1 since fifteen years. Accused No.1 informed the complainant that he is the owner of four acres of land in Sy.Nos.13 and 14 and as he is in financial problem he is intending to sell two acres of land and he required immediate money. As accused No.1 was known to the complainant, the complainant paid an amount of Rs.8,50,00,000/- and accused No.1 took the said amount by coming over to his house. When he verified the documents of the said property through his counsel, he came to know that the said property belongs to the Government and it is a Gomala land and when he started asking accused No.1 to repay the amount, he had issued six cheques for a sum of Rs.1 Crore each, when they have been presented to the bank, they have been dishonoured and subsequently the complainant came to know that accused No.1 is intending to sell the said property to accused No.2 the Proprietor of ‘Sowparnika Developers’ and thereby they have planned to knock out the money by selling the property. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused No.2 has been released on bail in Crl.P. No.1740/2019 by Order dated 19.03.2019 and on the ground of parity, the petitioner herein -
accused No.1 is entitled to be released on bail. He further submitted that the complainant has mentioned that owner/proprietor of ‘Sowparnika Developers’ as accused and petitioner is not involved in the alleged crime. He further submitted that the said Sowparnika Developers had entered into an agreement of sale during the year 2013- 2014 with the father of the accused No.1 and subsequently father of accused No.1 expired during 2015. He further submitted that the said complaint was transmitted to the police and concerned police have endorsed that the said complaint is of a civil nature and hence said complaint has been closed on 10.03.2018. The alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by the conditions that may be imposed and to give sureties. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner – accused has taken huge amount of Rs.8,50,00,000/- and now the petitioner is falsely contending that he is not involved in the alleged offence. Still the investigation is in progress. If the petitioner is enlarged on bail, he may not be available for the purpose of investigation or interrogation. Further the petitioner may tamper the prosecution witnesses. On these grounds, learned Government pleader sought for dismissal of the petition.
6. I have carefully and cautiously considered the submissions made by learned counsel for the parties and perused the record.
7. A close reading of the contents of complaint and other materials, it would reveal that earlier an agreement was entered into by the father of the complainant and subsequently one more agreement has been entered into in this behalf. This is a matter which has to be considered and appreciated at the time of trial. Even the records indicate that the accused – petitioner has also issued cheques in favour of the complainant and the said transaction is also still alive and no case under S.138 of Negotiable Instruments Act has been filed. The alleged offences are not punishable with death or imprisonment for life. Already accused No.2 has been released on bail by this Court in Crl.P. No.1740/2019, by Order dated 19.03.2019. Even on the ground of parity, the petitioner accused is entitled to be released on bail.
In the light of the above discussions, this petition is allowed and petitioner – accused No.1 is ordered to be released on bail in the event of his arrest in Crime No.89/2019 of K.R. Puram Police Station, for the offences punishable under Ss. 471, 419, 406, 420, 506, 120B of IPC, subject to the following conditions:
i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) Petitioner shall surrender before the Investigating Officer within twenty days from today.
iii) Petitioner shall not tamper with the prosecution evidence directly or indirectly.
iv) Petitioner shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till charge sheet is filed.
v) Petitioner shall not leave the jurisdiction of the Court without prior permission of the Court.
In view of disposal of the petition, IA No.1/2019 does not survive for consideration and the same is accordingly disposed of.
Sd/- JUDGE sac*