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.4351 OF 2019 BETWEEN:
PRAMOD KUMAR R., S/O. RAMESH KUMAR M., AGED ABOUT 31 YEARS, R/AT NO.15, SWATHI NILAYAM, PWD MAIN ROAD, 6TH CROSS, K.T.MUNIREDDY LAYOUT A.NARAYANAPUR, BENGALURU-560016.
(BY SRI. ARUN G., ADVOCATE) AND:
STATE BY SAMPANGIRAMANAGARA POLICE STATION BENGALURU-560027. (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001.
(BY SRI.HONNAPPA, HCGP) ...PETITIONER …RESPONDENT 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.39/2019 OF SAMPANGIRAMANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 418, 465, 419, 420, 406, 467, 463, 464, 471 AND 415 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-state. Perused the records.
2. The brief facts of the case are that the complainant-Hinduja Housing Finance granted loan to accused Nos. 1 and 2 who are said to be the husband and wife on the security given by them, i.e, immovable property flat No.602 in Park Way Holdings Private Limited. After taking loan of Rs.73,50,000/-, they did not repay the loan except by paying the first installment.
3. It is stated that after verifying all the documents and materials, loan has been granted. The petitioner is the person who actually introduced the debtors to accused No. 6. Except that, there is no allegation made against the petitioner. Under the above said facts and circumstances, the conspiracy between accused Nos. 1 and 2 with the petitioner has to be established if any during the course of full fledged trial. Hence, the petitioner has made out a case for grant of anticipatory bail. Hence, the following :-
ORDER 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.50,000/- (Rupees Fifty Thousand 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.
Sd/- JUDGE ckl