IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8551 OF 2018 BETWEEN:
1. SMT.NANDINI W/O NAVEEN NARASIMAIAH AGED ABOUT 32 YEARS OCCUPATION: HOUSE WIFE R/O NO.11, BLOCK 22, SBM COLONY, SRIRAMPURA 2ND STAGE MYSURU – 560 023 2. SRI UMAPATHI FATHER OF SMT.NANDINI AGED ABOUT 62 YEARS OCCUPATION : NIL R/O NO.1103, 9TH CROSS HMT LAYOUT, 3RD MAIN, VIDYARANYAPURA BENGALURU – 560 097 ...PETITIONERS (BY SRI M. JAI PRAKASH REDDY, ADV.) AND STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION BANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP; SRI.B.S.GURUSWAMY, ADV. FOR APPLICANT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.183/2018 OF MALLESHWARAM POLICE STATION, BANGLORE CITY FOR THE OFFENCE P/U/S 110, 504, 506B, 406, 420 AND 120B OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.1 and 2 in Crime No.183/2018 of Malleshwaram Police Station.
2. Petitioner No.1 was the owner of site No.96.
First petitioner and complainant S.Narayanan entered into building construction agreements dated 20.2.2017 and 7.8.2017 for construction of a residential house on the aforesaid site. The agreemental value was Rs.1,05,75,000/-.
3. S.Narayanan, the applicant in I.A.No.1/2018 filed PCR No.11571/2018 on the file of IV Addl.CMM., Bengaluru City, against the petitioners and two others. In the complaint, he alleged that the first accused was due to pay Rs.27,40,705/- towards building construction. However, without making such payment, she obtained the key of the building assuring that she will return the same after performing the House Warming Ceremony, but thereafter neither she returned the key nor paid the amount. When the complainant demanded the said amount, the accused criminally intimidated him and they cheated him.
4. The Magistrate referred the complaint under Section 156(3) of Cr.P.C. to the respondent – Police and they have registered the said complaint in Crime No.183/2018 for the offences punishable under Sections 110, 504, 506B, 406, 420 and 120B of IPC.
5. Petitioners apprehend their arrest in the said case. The offences alleged against the petitioners are triable by the Magistrate. The entire case is based on the agreements admitted by both the parties. It is submitted that the complainant has approached the State Consumer Forum seeking parallel remedy.
6. The case is more in the nature of pursuing the remedy for breach of contract. Whether the petitioners had any criminal intention in obtaining the key from the complainant and not returning them has to be decided on trial.
7. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioners are granted anticipatory bail in Crime No.183/2018 of Malleshwaram Police Station subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KNM/-