IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2877/2019 Between:
Nasebulla V.P. @ Nasibulla, S/o Abdul Saleem, Aged about 38 years, Residing Valiyapadikkal House, Patthepiriyam Post, Mallappuram, Kerala – 541 141. … Petitioner (By Sri Lakshmikanth K., Advocate) And:
State of Karnataka by South Police Station, D.K., Mangaluru, Rep. by its Public Prosecutor, High Court Building, Bangalore – 560 001. … Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.15/2012 of Mangalore South Police Station, D.K., for the offences p/u/s 406, 420 r/w Section 34 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on anticipatory bail in the event of his arrest with respect to the proceedings in Crime No.15/2012 for the offences punishable under Sections 406, 420R read with Section 34 of IPC.
2. The case of the prosecution is that a complaint was filed by one Harpreeet Singh stating that he was getting calls that he had won lottery and was asked to deposit some amount to a certain account. This fact was brought to the notice of the bank authorities and a complaint was filed by the officials of the State Bank of India, Mangalore Branch on 21.01.2012. On the basis of the complaint, FIR was registered against accused No.4 who is the account holder with SBI. It comes out that subsequently the other accused Nos. 1 to 13 have been arrayed and the present petitioner has been arrayed as accused No. 9.
3. Learned counsel for the petitioner contends that the case that is made out in the charge sheet is that accused Nos. 1 to 6 have obtained commission amount and accused Nos. 7 to 11 are the instigators for the offence. It is pointed out that as accused Nos. 1 to 4 have been enlarged on bail by the trial Court and the accused Nos. 7 and 8 have been enlarged on anticipatory bail and that the allegations against accused No.9 (petitioner) is similar to accused Nos. 7 and 8 and hence the petitioner is entitled to anticipatory bail on the ground of parity.
4. Noting that the imputation in the charge sheet as regards instigation to commit the offence is at the instance of accused Nos. 7 to 11; that accused Nos. 7 and 8 have been enlarged on anticipatory bail as per the order of the Sessions Court in Crl. Misc.
No.530/2014 and that the proof of the offence is a matter for trial, petitioner is entitled to be enlarged on anticipatory bail.
5. Accordingly, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.15/2012 for the offences punishable under Sections 406, 420R read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.15/2012 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with two sureties for the likesum before the concerned court. Out of two sureties, one surety should be from the home town of the petitioner.
(ii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer one day prior to every date of hearing unless petitioner is seeking exemption from appearance in Court in accordance with law.
(iii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iv) The petitioner shall co-operate with further investigation by appearing before the Investigating Officer as and when he is called upon.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP