IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.8155/2019 BETWEEN:
NIKHILESH (NIKHILESH .L.V.) S/O LINGESH J.V., AGED ABOUT 22 YEARS, STUDENT, RESIDING AT #2708/11, ANJANEYA BADAVANE, NEAR BHADRA COLLEGE, DAVANGERE, PIN CODE – 577 002. … PETITIONER (BY SRI C.N. RAJU, ADVOCATE) AND:
STATE BY CEN POLICE, DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE.
PIN CODE – 560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.44/2019 REGISTERED BY DAVANAGERE CEN CRIME POLICE STATION, DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 AND 406 OF IPC AND SECTION 66(c) AND 66(d) OF INFORMATION TECHNOLOGY ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.44/2019 registered by the respondent – police for the offence punishable under Sections 420, 406 IPC read with Section 66(C) and 66(D) of Information Technology Act, 2000.
3. Brief facts of the case are that petitioner claimed to be working as Agent of India Mart Company, an American based company as a distributor. Complainant came in contact with the petitioner, who is said to be his friend. Petitioner told him that he has left the job and the amount of Rs.10,000/- deposited initially by him in the company was returned along with interest to the tune of Rs.40,000/-. Therefore, he told the complainant that if need be try for the said job. He gave the phone number of accused No.1 and in turn, complainant contacted accused No.1 and in fact, on the basis of assurance given by accused No.1, he has paid lot of money to accused No.1 by transferring the said amounts to the account of accused No.1 on different dates. In spite of that, no agency was granted to the complainant, on the other hand, entire amount paid by him was also not returned.
4. Accused No.1 is the person who actually agreed for getting the agency to the complainant for supplying electronic goods. Therefore, main allegation is against accused No.1 with whom the complainant has entered into some transaction. As rightly argued by the learned counsel for the petitioner, except giving phone number of accused No.1, there is no allegation against this petitioner. However, during the course of investigation and trial, it has to be established that accused Nos.1 and 2 had common intention to cheat the complainant. Till that point of time, in my opinion, on the basis of above said materials, petitioner is entitled to be enlarged on anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.44/2019 registered by the respondent – police for the offence punishable under Sections 420, 406 IPC read with Section 66(C) and 66(D) of Information Technology Act, 2000, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs1,00,000/- (Rupees One Lakh Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
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 PKS