IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRL.P. NO.3650/2019 C/W CRL.P. NOs.3649/2019 & 3651/2019 BETWEEN:
1. P.K.JAYARAJAN AGED ABOUT 60 YEARS S/O. LATE RAMAN NAIR RESIDING AT NO.32/1, 4TH CROSS VEERABHADRA NAGARA NEAR BASAVANAGARA BUS STOP MARATHAHALLI BENGALURU – 560 037 2. N.JAYA AGED ABOUT 49 YEARS W/O. P.K.JAYARAJAN RESIDING AT NO.32/1, 4TH CROSS VEERABHADRA NAGARA NEAR BASAVANAGARA BUS STOP MARATHAHALLI BENGALURU – 560 037 3. JITHU KARTHIKEYAN AGED ABOUT 30 YEARS D/O. P.K.JAYARAJAN RESIDING AT NO.32/1, 4TH CROSS VEERABHADRA NAGARA NEAR BASAVANAGARA BUS STOP MARATHAHALLI BENGALURU - 560037 (BY SRI. SIJI MALAYIL, ADV.,) ... PETITIONERS (COMMON) AND:
THE STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE STATION BANGALORE – 560 022 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU (BY SRI HONNAPPA, HCGP) …RESPONDENT (COMMON) CRIMINAL PETITION No.3650/2019 IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.30/2019 OF ANUGONDANAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 420, 423, 426 R/W SEC. 34 OF IPC.
CRIMINAL PETITION No.3649/2019 IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.29/2019 OF ANUGONDANAHALLI POLICE STATION, BENGALURU RURAL FOR THE OFFENCE P/U/S 420, 423, 426 R/W SEC. 34 OF IPC.
CRIMINAL PETITION No.3651/2019 IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.28/2019 OF ANUGONDANAHALLI POLICE STATION, BENGALURU RURAL FOR THE OFFENCE P/U/S 406, 420, 423, 426 & 120B R/W SEC. 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In all the above three petitions, three crime numbers have been registered against the petitioners in Cr.Nos.30/2019, 29/2019 & 28/2019. The alleged offences are common in Cr.No.30/2019 and 29/2019 i.e., under Sections 420, 423 and 426 r/w 34 of IPC. In Crime No.28/2019 the offences under Sections 406, 420, 423, 426 & 120(b) r/w 149 of IPC have been alleged against the petitioners.
2. The brief facts of these cases are that three persons have lodged the complaints differently under the above said crime numbers alleging that petitioners are the partners of the partnership company namely, Alpha R.J. Developers and accused No.1 is a land owner and infact the developers have taken the property in Sy.No.82/03 of Harohalli village, for the purpose of development. The complainants’ in all the cases have purchased several sites from one H.J.Ramesh and it is infact alleged that these petitioners have taken the responsibility of developing the property. It is further alleged that the said properties were not developed, no basic facilities have been provided to the said sites and also on enquiry, the purchasers came to know that there was no DC conversion of said land. Therefore, on the above said allegations, complainant’s have registered the above said crime numbers against these petitioners who are arraigned as accused Nos.2 to 4 respectively.
3. On careful perusal of the above said allegations, it is clear that the matter is entirely civil in nature. At the time of purchase of the property, the complainants in all the above three cases ought to have examined the legal position of the properties. However, whether the act of the accused persons falls within the offence alleged against them or not, has to be thrashed out during the course of full fledged investigation or trial.
4. Under the above said facts and circumstances, considering the nature of allegations, in my opinion the petitioners are entitled to be enlarged on bail in all the above said three cases. Hence, the following:
ORDER The petitions are allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime Nos.30/2019, 29/2019 and 28/2019 of Anugondanahalli Police Station, on following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE HJ