IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5100/2019 BETWEEN:
MR.P.K.GAJRA DIRECTOR M/S PARKWAY HOLDINGS PRIVATE LTD., OFFICE AT 4TH CROSS, KASTHURI NAGAR BANGALORE-560 043.
(BY SRI.SATISH V. ADV.) AND:
STATE BY SAMPANGIRAMNAGAR POLICE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 005.
…PETITIONER ...RESPONDENT (BY SRI.ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN EVENT OF HIS ARREST IN CR.NO.39/2019 OF SAMPANGIRAMANAGAR P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B, 418,465,419,420,406,467, 463,464,474 AND 415 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Crime No.39/2019 of Sampangiramanagar Police Station for the offence punishable under Sections 418, 465, 419, 420, 406, 467, 463, 464, 471, 415 and 120B of IPC.
3. Brief allegations made against the accused persons is that accused Nos.1 and 2 are the persons, who have purchased a Flat No.602 in the apartment known as M/s.Parkway Holdings Private Limited to which the petitioner-accused No.3 is one of the Directors. It is alleged that the said flat was pledged with the complainant for the purpose of obtaining loan of Rs.73,50,000/-. After examining the entire documentary evidence, the loan has been sanctioned to accused Nos.1 and 2. But, it is alleged that accused Nos.1 and 2 have not repaid the entire installments except paying one installment. Therefore, a complaint came to be lodged against the accused persons including this petitioner.
4. Looking to the above said allegations and nature of facts, if at all there was any conspiracy between the accused persons, the same has to be established by producing cogent and convincing evidence during the course of the full dressed trial. Except the allegations that this petitioner has sold the flat in favour of accused Nos.1 and 2, there is no allegation against the petitioner as such. The 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 the event of his arrest in connection with Crime No.39/2019 of Sampangiramanagar Police Station, 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 Rs.1,00,000/- 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 15 days on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the final report is filed, whichever is earlier.
Sd/- JUDGE DM