IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.7951/2018 BETWEEN:
1. SMT. MANJULA W/O LATE SRINIVAS, AGED ABOUT 50 YEARS R/AT NO.75, 6TH CROSS, RAMAKRISHNA LAYOUT, MALAGALA, NAGARBHAVI MAIN ROAD, NAGARBHAVI 2ND STAGE, BENGALURU-560 072.
2. SMT. MANASA W/O ROHITH.S AGED ABOUT 25 YEARS R/AT NO.24, 7TH CROSS, 4TH MAIN ROAD, AGARAHARA DASARAHALLI, BENGALURU-560 089.
3. SMT.MONISHA W/O SATHEESHA, AGED ABOUT 50 YEARS R/AT NO.65, BHAKTARAHALLI, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-561 204 4. SRI.MANJUNATH S/O KANTHAIAH, AGED ABOUT 25 YEARS R/O MARAGONDANAHALLI, TUMKUR TALUK, TUMKUR DISTRICT-572 115 … PETITIONERS [BY SRI. M. T. NANAIAH, SENIOR COUNSEL FOR SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE; PETITION IN RESPECT OF PETITIONER NO.1 IS DISMISSED AS NOT PRESSED] AND:
STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR POLICE, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560 001. … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.279/2018 OF ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420,504,506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Petitioners are accused Nos.1, 2, 4 and 5 in Crime No.279/2018 of Annapoorneshwarinagar Police Station. The said case is registered against the petitioners and Accused No.3 for the offences punishable under Sections 420, 504, 506, 34 of IPC read with Section 4 of Chit Funds Act, 1982.
2. Learned counsel for the petitioners filed memo along with copy of the order in Crl. Misc. No.10421/2018 passed by the 55th Additional City Civil & Sessions Judge, Bengaluru, reporting that the first petitioner was arrested and released on bail. Therefore, the petition of the first petitioner has become infructuous and disposed of accordingly.
3. The aforesaid case was registered on the basis of complaint of one Smt. Bhagya H. It was alleged that Accused No.1 representing that she is running a chit fund business under a valid licence collected subscription of Rs.28 lakhs from the complainant and Rs.14 lakhs and another Rs.9.50 lakhs from one Geethamma, in all Rs.51.50 lakhs cheated them without repaying the same. It is further alleged that when the complainant insisted for repayment, on 30.8.2018 at 2 pm, the accused assaulted the complainant and intimidated her.
4. Out of the offences alleged, only offence under section 420 is non bailable one and maximum punishment prescribed for the said offence is imprisonment upto seven years.
5. Even as per the complaint allegations, it was first accused who was running the business and the other accused were only assisting her. The first accused herself is granted bail by the Sessions Court in Crl. Misc. No.10471/2018. The details of receipts or payments if any will be with the complainant. Under these circumstances, it is a fit case to grant anticipatory bail to petitioners 2 to 4.
6. Therefore, the petition is partly allowed. The petitioners 2 to 4 are granted anticipatory bail in Crime No.279/2018 of Annapoorneshwarinagar Police Station. If they are arrested in the said case, they shall be released on bail on the following conditions:
(i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) They shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) They shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE AN/-