IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4419/2019 BETWEEN 1. MOHAMMAED ZABIULLA S/O. ABDUL REHIMAN AGED ABOUT 41 YEARS 2. SALMA SIDDIQUA D/O. OF ABDUL RAHIMAN AGED ABOUT 40 YEARS 3. TAJUNNISA W/O. OF ABDUL RAHIMAN AGED ABOUT 64 YEARS ALL ARE R/AT NO.33 1ST MAIN, 1ST "A" CROSS APPANNA BLOCK DASAPPA GARDEN R.T. NAGAR BENGALURU-560 032 ... PETITIONERS (BY SRI. CHANDRAHASA RAI B , ADVOCATE) AND THE STATE OF KARNATAKA BY R.T. NAGAR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.96/2019 OF R.T NAGAR P.S., BENGALURU FOR THE OFFENCE P/U/S 120(B), 406, 420 R/W 34 OF IPC AND SECs. 4 AND 5 OF PRICE CHITS AND MONEY CIRCULATION SCHEMES (BANNING ACT).
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A3, A5 & A6) and the learned HCGP appearing for the respondent-State. Perused the records.
2. The petitioners are arraigned as Accused Nos.3, 5 & 6 in C.C. No.17919/2019, arising out of Crime No.96/2019 registered by Respondent-R.T Nagar Police, for the offence punishable under Sections 120(B) 406, 420 r/w. 34 of IPC and Sections 4 & 5 of Price Chits and Money Circulation Schemes ( Banning Act, 1978, pending on the file of the IV Additional CMM, Bengaluru City.
3. Learned counsel for the petitioners has contended that, common allegations are made against all the accused persons - 1 to 6 that, they are running a private limited company in the name and style of M/s. Baraka Investiment Consultant Pvt. Ltd. and they are the promoters of the said company. It is further alleged that, they have collected money from Muslim Community with an assurance to give back their money along with 12% to 24% interest and in that context, they have collected more than 25.00 lakhs. Thereafter, when the customers went to the accused asking for return of the money invested by them, the accused persons had sought for some time to repay the money. But, they escaped from that place and cheated the people, who have invested money in the said company.
4. Learned HCGP has submitted that, though in the complaint it is stated that, they are liable to pay 25.00 Lakhs, but after the investigation, the police found that they have cheated the people to the extent of Rs.98,70,000/-. It is seen from the records that, Accused Nos.1, 2 & 4 are the family members and it appears, it is a family business. Therefore, in the above said circumstances, when the other co-accused persons, who were also standing on the same footing as that of these petitioners, have already been released on bail. On the ground of parity, these petitioners are also entitled to be enlarged on bail on some stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners (A3, A5 & A6) shall be released on bail in connection with CC No.17919/2019 arising out of Crime No.96/2019 of R.T.Nagar Police Station for the aforesaid offences, now pending on the file of IV ACMM. Bengaluru City, subject to the following conditions:-
i) The petitioners shall surrender themselves before the concerned trial Court within 10 days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioners (A3, A5 & A6) shall not tamper the prosecution witnesses.
iii) The petitioners (A3, A5 & A6) shall co-operate with the Investigating Officer to complete the investigation and shall appear before the Investigating Officer as and when called for.
iv) The petitioners (A3, A5 & A6) shall mark their attendance once in 15 days 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.
v) The petitioners (A3, A5 & A6) shall not leave the jurisdiction of Bengaluru District, without prior permission, till the case registered against them is disposed of.
vi) The petitioners (A3, A5 & A6) shall surrender their pass-ports before the concerned trial court if any, at the time of offering surety for their release and the trial Court shall keep the same in safe-custody till the disposal of the case registered against them.
KGR* Sd/-
JUDGE