IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 788/2019 Between:
R. Amarnath S/o. Late Rangareddy, Aged about 27 years, #7-78, Bharah Nagar, V Kota, Chittur District, Andhra Pradesh 517424.
... Petitioner (By Sri. Nagendra Dikshit S, Advocate) And State of Karnataka By Madiwala Police Investigation by CID (EOD), Carlton House, Palace Road, Bengaluru.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001.
... Respondent (By Sri. K. P. Yoganna, HCGP) This criminal petition is filed u/s.438 Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.41/2017 of Madivala Police Station, Bengaluru city for the offence p/u/s.403,406,409,419,420,465,467,468,471 r/w sec.120-b of IPC and u/s.9 of the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in the event of his arrest with respect to the proceedings in Crime No.41/2017 for the offences punishable under Sections 403, 406, 409, 419, 420, 465, 467, 468, 471 read with Section 120(b) of IPC and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004.
2. The complaint came to be filed and the case has been registered against the Directors of M/s. Dreamz Infra Pvt. Limited for the offences as above stated. The complaint was filed by one R. K. Pandey alleging that he had booked a flat in the project of the Company and accordingly, he had paid an amount of Rs.19,20,000/-. It is further stated that after the complainant came to know that accused Nos. 2 and 3 had been arrested, he cancelled the said booking. On the basis of the complaint, FIR is registered. Investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner states that admittedly, large number of complaints have been filed, but the petitioner is only an employee in the Cancellation Department and the imputations that are made against him in the charge sheet is that he has executed documents in the capacity of power of attorney holder of Accused No.7 who is one of the directors. It is further contended that the petitioner did not have any role in the management of the company and his role is confined to that of an employee and has acted on the instructions of the management of the company. It is further stated that the affairs of the company were conducted as per the instructions and directions of Accused No.3 and the said fact comes out in the charge sheet. It is further contended that the petitioner has been enlarged on bail in Crime No.1135/2016 as per the order passed by the trial Court.
4. Learned High Court Government Pleader states that the other accused are yet to be apprehended and the magnitude of the offence is grave.
5. However, looking into the nature of allegations that are made against the petitioner and also noticing that petitioner is only an employee which fact is not disputed, the role of the petitioner in the commission of offence is a matter that would come out during trial. Taking note of the submission that the petitioner has been enlarged on bail in Crime 1135/2016 which fact also has not been controverted and also noticing that the main allegations are made against the Directors and against accused No.3 and the commission of offence is a matter that would come out on the custodial interrogation of accused Nos. 2 and 3, petitioner is entitled to be enlarged on bail in the event of his arrest.
6. Accordingly, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.41/2017 for the offences punishable under Sections 403, 406, 409, 419, 420, 465, 467, 468, 471 read with Section 120(b) of IPC and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No. 41/2017 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a solvent surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall co-operate with the Investigating Officer, if required for further investigation and shall not involve himself in any activities of the Company.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP