IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2261/2019 BETWEEN:
Mr.Nanjundaiah Aged about 41 years s/o late Mr.Ramaiah Dy. Superintendent of Police Armed Police Training School Yelahanka, Bengaluru-560063. .. Petitioner (By Sri Satyanarayana S Chalke, Advocate) AND:
The State of Karnataka Rept. By its Station House Officer Nelamangala Rural Police Station Nelamangala, Bengaluru Rural District – 562123, rept. By its SPP High Court of Karnataka High Court Building Bengaluru-560001. … Respondent (By Sri H S Chandramouli, SPP) 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.40/2019 of Nelamangala Rural PS, Bangalore District for the offence punishable under Sections 406, 420 of IPC.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R This case is taken up out of turn on the submission made by the learned counsel for the petitioner that the petitioner is suffering with health ailment and he is intending to attend the hospital.
2. This petition has been filed by the petitioner under Section 438 of Cr.P.C praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.40/2019 of Nelamangala Rural PS, Bangalore District for the offence punishable under Section 420 of IPC.
3. I have heard the learned counsel for the petitioner and learned SPP for the respondent-State.
4. The case of the complaint discloses that the complaint was registered by the Karnataka Rajya Sarakari SC/ST Hindulida and Alpasankyathara Employees Housing Co-operative Societies Limited contending that the society was introduced by the maternal uncle of the petitioner/accused. The petitioner introduced one Venkaappa and Narayanappa for the purpose of formation of residential layouts to the Society Members in Sy.Nos.33, 34, 35 and 36 including Sy.No.101 of Bavikere village, Kasaba Hobli, Nelamangala Taluk. The said lands were subject matter of civil disputes. The petitioner/accused got compromised the said cases at the cost of society funds, but got the sale deed registered in his mother’s name, Smt.Ananathamma. It is further stated in the complaint that for the purpose of obtaining the sale deeds registered in favour of the mother of the accused/petitioner, the petitioner used and received a sum of Rs.8.5 crores funds from the society through vouchers and cheques. The said amount has been misused by the accused/petitioner by cheating the society and the sale deed was not executed and no developmental work has been conducted in the said land. On the basis of the complaint, the case has been registered.
5. It is the submission of the learned counsel for the petitioner that the petitioner/accused is innocent and he is working as Dy. Superintendent of Police in the Department of Armed Police Training School, Yelahanka and the land which has been the subject of the civil disputes is standing in the name of the mother of the petitioner. The civil litigations were decreed and even the complainant/Society has never thought for enforcement of the said agreement through the mother of the petitioner/accused. The petitioner/accused is nothing to do with the alleged offence. He further submitted that he is ready to co-operate with the investigation and interrogation. He further submitted that the Assistant Commissioner issued a police notice and the same was challenged before this Court in WP No.57646/2018 and subsequently on the submission of the respondents, the said writ petition was disposed of. He further submitted that the cheques given by the Society have been bounced and the cheques bounce cases are pending. He further submitted that the alleged offences are not punishable with death or imprisonment of life. If bail is granted, he is ready to abide by any conditions imposed by this Court and also ready to offer surety. On these grounds, he prays to allow the petition and grant anticipatory bail.
6. Per contra, the learned High Court Government Pleader submitted that the petitioner/accused being the higher police official has involved in cheating cases and huge amount has been involved in the said cases and an investigation is required in the said cases. If the petitioner/accused is released on bail, he may tamper the prosecution evidence and the records reveal that there is a reasonable ground to believe that the petitioner/ accused involved in the case, which is of a huge transaction. He further submitted that the petitioner/ accused has cheated the complainant/Society and got compromised the suit and subsequently the layouts have not been formed. If he is released on bail, he may interfere with the Investigation Officer in conducting the investigation of this case. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced in this behalf.
8. As could be seen from the contents of the complaint and other investigation materials, it discloses that the complainant/Society contacted the petitioner/accused and thereafter they have entered into an agreement of sale and they have to form the residential layouts and therefore the civil disputes were also got compromised and the sale deeds were got registered in the name of the mother of the petitioner/accused. The records also go to show that the cheques issued by the Society have been dishonoured and the criminal cases are also pending under Section 138 of NI Act. The Society made efforts to execute the sale deeds as per the agreement. Hence, the matter requires detail investigation. The petitioner/accused is working as Deputy Superintendent of police. The alleged offences against him are not punishable with death or imprisonment for life.
Under the totality of facts and circumstances of the case, I am of the opinion that by imposing some stringent conditions, petitioner/accused is ordered to be released on bail to meet the ends of justice.
In that light, petition is allowed and the petitioner/accused is directed to be enlarged on anticipatory bail in the event of his arrest in Crime No.40/2019 of Nelamangala Rural PS, Bangalore District for the offence punishable under Section 420 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing a personal bond for a sum of Rs.5,00,000/-(Rupees five lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall not tamper with the prosecution or mediate in investigation when investigation is in progress.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
5. He shall surrender before the Investigating Officer within 15 days from today.
6. He shall not misuse his office in any manner. If any such complaints are received, the Court below is at liberty to cancel the bail.
7. He shall co-operate with the investigation, failing which, the bail shall stand cancelled automatically.
Sd/- JUDGE Bkm.