IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7956/2019 BETWEEN 1. V.N. LAXMI NARAYANA @ NINGAPPA S/O NINGAPPA AGED ABOUT 45 YEARS MANAGING DIRECTOR MS HINDUSTAN INFRACON (INDIA) LTD. NO.826/A, 2ND FLOOR 5TH MAIN, VIJAYANAGAR BENGALURU – 560 040 2. B.G. GANGADHARAIAH S/O BORAIAH AGED ABOUT 56 YEARS RESIDING AT NO.323, SERVICE ROAD VINAYAKA LAYOUT 9TH BLOCK, NAGARABHAVI BENGALURU – 560 072 3. N. RAMESH S/O H. NANJUNDAIAH AGED ABOUT 44 YEARS RESIDING AT NO.208 9TH CROSS, MPN LAYOUT NAGARABHAVI II STAGE BENGALURU – 560 056 4 . S SURESH S/O LATE SANNA PUTTE GOWDA AGED ABOUT 43 YEARS RESIDING AT SINDENAHALLI VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE - 571601 5 . CHANNAKESHAVA S/O LATE B C MUDDAIAH AGED ABOUT 31 YEARS RESIDING AT NO 212 BHANDIHALLI NITTUR HOBLI GUBBI TLAUK TUMKUR - 573116 6 . NAGARAJU S/O THIMMEGOWDA AGED ABOUT 46 YEARS RESIDING AT NO 107/1 DODDAMANDIGANAHALLI KANDLI POST VIJAYAPURA EXTENSION HASSAN PIN - 571387 7 . RAJESHA H T S/O THIMMEGOWDA AGED ABOUT 33 YEARS RESIDING AT HANIYAMBADI VILLAGE MANDYA TALUK - 571448 8 . H G LOKESH S/O GOWDEGOWDA AGED ABOUT 43 YEARS VIDHYANAGAR CHANNARAYAPATNA TOWN CHANNARAYAPATNA HASSAN - 573116 9 . D K KEMPEGOWDA S/O KARIGOWDA AGED ABOUT 47 YEARS RESIDING AT NO 163 4TH CROSS 4TH MAIN, SAMPIGE LAYOUT BANGALORE - 560079 10 . SOMESHWARA S/O NINGAPPA AGED ABOUT 30 YEARS RESIDING AT SAKKERE DHARAMPURA POST HIRYUR TALUK CHITRADURGA - 560110 11 . HONNEGOWDA @ MANJUNATHA S/O LATE NINGAPPA AGED ABOUT 35 YEARS RESIDING AT NO 36/4 1ST CROSS SUVARNAJYOTHINAGARA NAGADEVANAHALLI - 560110 12 . P PRABHAKAR S/O G V PAPAIAH AGED ABOUT 60 YEARS RESIDING AT NO 7 6TH MAIN ROAD, ULLAL MAIN ROAD MUNESHWARA NAGAR BANGALORE – 560056 ... PETITIONERS (BY SRI. RAJU.C.N., ADVOCATE) AND STATE BY PUTTUR TOWN POLICE MANGALORE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, 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.80/2016 REGISTERED BY PUTTUR TOWN POLICE STATION, D.K. FOR THE OFFENCE P/U/Ss. 120- B, 409, 420 AND 506 OF IPC AND SECTION 9 OF KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos. 2 and 13 in Crime No. 80/2016 of Puttur Town Police Station, Mangaluru, for the offence punishable under Sections 120(B), 409, 420 and 506 of IPC and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004, now pending before the court of the Principal District and Sessions Judge at Mangaluru.
3. It is seen from the records that, a private complaint No.11/2016 was lodged by one Ganesh before the Principal Senior Civil Judge and ACJM, Puttur, D.K. District, against the petitioner No.1-V.N.
Lakshminarayana, Managing Director and one Suresh, the Director of M/s. Hindustan Infracon (India) Limited, Vijayanagar, Bengaluru, for the offences noted above. The said complaint was referred to the police for investigation and report.
4. The brief facts of the case are that, the petitioners are the founders of M/s. Hindustan Infracon (India) Limited and it has a branch at APMC Road, Avin Complex at Puttur. The complainant-Ganesh has been working as a representative of the M/s. Hindustan Infracon (India) Limited, Kushalanagara Branch and its main Branch is located at Vijayanagar, Bengaluru. The accused persons have collected lot of money from the public at large to the extent of Rs.15,00,000/- by way of RD and they have also issued Identity Card and taken Rs.250/- toward Agent Fee and Rs.100/- Insurance Amount for three years and assured attractive monetary benefits and also collected some documents also. But, they have not repaid the collected money and threatened the complainant with dire consequences etc.
5. The police have already investigated the matter and filed the charge sheet before the court. The learned HCGP submitted that there are many number of complaints like this and in one of the similar case, the Petitioner No.1 was already arrested, interrogated and released on bail .
6. It is submitted that, Petitioner No.1, who is the Managing Director of the said Company has already been interrogated. All other petitioners are directors of the company and their custodial interrogation has already been done in some other case, therefore, they are not required for custodial investigation.
7. Looking to the above said facts and circumstances, in my opinion, the role of each and every Director has to be established during the course of full dressed trial. Further, since it is stated that the custodial investigation of the Directors has already been done in some similar cases, the petitioners are entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioners (A2 to A13) shall be released on bail in the event of their arrest in connection with Crime No.80/2016 of respondent-Puttur Town Police Station, Mangaluru, for the alleged offences, which is now pending before the Court of the Principal District and Sessions Judge at Mangaluru, on the following conditions:-
i) The petitioners shall surrender themselves before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not hamper the investigation and tamper 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 Mangaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
KGR* Sd/-
JUDGE