IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7480 OF 2019 BETWEEN:
N.S.SIDDESH @ SIDDESH NADIGA, SON OF LATE SHANMUKAPPA N.S., AGED ABOUT 48 YEARS, OFFICE OF SRI.SIDDESHWARA ENTERPRISES, SHOP NO.5, CITY CO-OPERATIVE BUILDING, NEAR TALUK OFFICE, CHITRADURGA TOWN, CHITRADURGA – 577 501.
(BY SRI. KUMAR M.N., ADVOCATE) AND:
STATE OF KARNATAKA, BY CHITRADURGA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
BY CHITRADURGA TOWN POLICE STATION.
... PETITIONER …RESPONDENT (BY SRI.ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.144/2019 OF CHITRADURGA TOWN POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S 406 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent – State and perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.144/2019 for the offence punishable under Section 420 of IPC on the file of Chitradurga Town Police Station.
3. The main allegation against the petitioner and his wife are that, the petitioner is the resident of Chitradurga and he has formed layout in his personal land. The complainant by name Sathish was working as an agent with the petitioner who was securing the customers intended to purchase sites. In this context, it is said that the petitioner told the complainant on 27.04.2018 that he has formed layout near Housing Board in 5 acre 10 guntas of land and requested the complainant to bring the customers who are intending to purchase sites. It is also alleged that about 37 Police personals have invested money to the extent of Rs.16,00,000/- for the purpose of purchasing the sites by paying the said amount to the petitioner and his wife. It is also stated that, other person by name Parameshwarappa and 20 others stated in the complaint have also invested their money for purchase of sites. The petitioner has executed the agreement of sale in favour of 6 persons but not handed over the executed sale deed to them nor returned money to them.
4. Looking into the above facts and circumstances, it is more of civil transactions between the parties. Even otherwise, intention of the petitioner and the persons who have entered into the agreement had to be gathered during the course of full fledged trial. The petitioner has already been arrested on 06.08.2019 and since then he has been in judicial custody which indicates that he is no more required for further investigation and offence are not punishable either with death or imprisonment for life. By imposing stringent conditions, petitioner is entitled to be enlarged on bail. Hence, the following;
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.144/2019 registered by Chitradurga Town Police Station, Chitradurga, for the offences punishable under Sections 406 and 420 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rs. One lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday 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.
Sd/- JUDGE HR