IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.403/2019 BETWEEN :
N.R. Subramanya S/o S. Raju Aged about 59 years R/at No.47, 2nd Floor, 11th Cross, Gangamma Temple Street, Ashok Nagar, Banashankari 1st Stage Bengaluru-560 050.
(By Sri N. Ramakrishna, Advocate for Sri V.B. Shivakumar, Advocate) AND :
State of Karnataka by Banashankari Police, Bengaluru, Represented by State Public Prosecutor High court Buildings Bengaluru-560 001.
(By Sri M. Divakar Maddur, HCGP) … Petitioner … Respondent 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.326/2018 of Banashankari Police Station, Bengaluru, for the offences punishable under Sections 406 and 420 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.326/2018 of Banashankari Police Station for the offences punishable under sections 406 and 420 of IPC.
2. I have heard the learned counsel for the petitioner and the learned SPP for the respondent-State.
3. The allegation in the complaint is that the accused entered into an agreement of sale in respect of house property situated at Banashankari II Stage and accused received a sum of Rs.95,10,000/- and the possession was handed over to the complainant. Thereafter the petitioner did not execute the final registered sale deed. It is further alleged that the - petitioner has availed a loan from Basavanagudi National Co-operative Bank to the tune of Rs.1,48,00,000/- and inspite of the complainant went and insisted the petitioner to clear the said loan and to execute the sale deed the petitioner did not execute the sale deed thereby cheated the complainant. On the basis of the complaint, a case has been registered.
4. It is not in dispute that a civil suit is pending between the parties which turned into criminal case. Already civil suit in OS.No.2109/2015 is pending before the City Civil Court, Bengaluru wherein the respondent has also filed the written statement and all these aspects have also been narrated. He further submitted that the fact of availing loan of Rs.1,48,00,000/- by the petitioner was brought to the notice of the complainant when the agreement of sale was executed. Hence, there is no question of accused cheating the complainant. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by any conditions and to ready to offer sureties. On these grounds, he prayed to allow the petition by granting anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner is very much necessary for the purpose of interrogation and investigation. Some more material has to be collected through the petitioner. He further submitted that there is ample material to show that the petitioner has cheated the complainant to the tune of Rs.1,48,00,000/-. He further submitted that the petitioner has absconded and is not available for interrogation. Therefore, if he is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. It is not in dispute that the civil suit is also pending in respect of the agreement of sale entered into between the parties. The only contention which has been made is that there was a loan of Rs.1,48,00,000/- availed by the petitioner from Basavanagudi National Co- operative Bank and petitioner induced the complainant to purchase the house without disclosing the said fact to the complainant, which is a matter that has to be considered and appreciated at the time of trial and not at this premature stage. When the alleged offences are not punishable with death or imprisonment for life and a civil dispute is also pending between the parties, I feel that by imposing some stringent conditions, if the petitioner is released on anticipatory bail, it would meet the ends of justice.
Accordingly, petition is allowed and the petitioner- accused No.1 is ordered to be released on bail in the event of his arrest in Crime No.326/2018 of Banashankari Police Station for the offences punishable under sections 406 and 420 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender himself before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall co-operate with the investigation.
v) He shall mark his attendance once in fifteen days between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till the charge sheet is filed.
In view of the disposal of the petition, I.A.No.1/2019 is dismissed as it does not survive for consideration.
*ck/-
Sd/- JUDGE