IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7110/2019 BETWEEN SHRI PARAMESHA S/O LATE SHANTHAVEERAPPA AGED ABOUT 41 YEARS R/AT KUMBRAHALLI VILLAGE SAKALESHAPURA TALUK HASSAN DISTRICT – 571 118 ... PETITIONER (BY SRI. MOHAN KUMAR .D., ADVOCATE FOR SMT. RATTIHALLI GEETA VEERANNA, ADVOCATE) AND THE STATE OF KARNATAKA YESLUR POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.47/2019 OF YESALUR POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 420 AND 406 OF IPC.
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 HCGP for the Respondent –State. Perused the records.
2. The FIR registered against the petitioner in Crime No.47/2019 for the offences punishable under Sections 420 and 406 of IPC reveals that, a complaint was filed by one Mr. Sampath H.M. alleging that, he has transacted with the petitioner/accused in selling 697 Kgs of Coffee worth Rs.11,76,000/- and 290 Kgs of Pepper worth Rs.1,76,000/-. The petitioner/accused has given payment sheet to the complainant promising that he will pay Rs.13,50,000/- after a week. But, the petitioner/accused did not pay the amount. In that context, on 13.05.2019, when the complainant went to the house of the petitioner/accused, one Jayanna, the brother of the petitioner/accused said that, the petitioner/accused is not in the house and he do not know his whereabouts. Therefore, a complaint came to be filed against the petitioner/accused alleging offences under Sections 406 and 420 of IPC.
3. In the facts and circumstances of the case, the offences alleged are civil in nature and the same have to be established during the course of full-dressed trial to ascertain the intention of the petitioner. Therefore, I am of the opinion that the petitioner has made-out a ground for grant of anticipatory bail. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner/accused-Paramesha shall be released on bail in the event of his arrest in connection with Crime No.47/2019 of respondent-Police Station, for the offences punishable under Sections 406 and 420 of IPC, which is now pending before the Court of Addl. Civil Judge (Jr.Dn.) and JMFC, Sakaleshapura, Hassan District, 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 he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties 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 concerned Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Hassan District without prior permission of the Court, 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 ie, 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 KGR*