IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 4176 OF 2019 Between:
R. Somasundara, S/o Late M. Rajanna, Aged about 44 years, R/at No.32, Giriyabovi Palya, Nazarabad Mohalla, Mysuru – 570 003. … Petitioner (By Sri A.H. Bhagavan, Advocate) And:
State of Karnataka, By Krishnaraja Police Station, Mysuru, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.50/2019 registered by Krishnaraja Police Station, Mysuru for the offences p/u/s 120-B, 406, 420 and 506 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner-accused No.1 is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.50/2019 for the offences punishable under Sections 120-B, 406, 420, 506 read with Section 34 of IPC.
2. The case of the prosecution is that the complainant and her sisters are un-employed and in the year 2017, the accused No.4, who was a relative of complainant stated that he could get them a job in Mysuru Municipal Corporation through the influence of the petitioner, who is a former Corporator. It is stated that accused No.4 had called the complainant to the Southern Star Hotel at Mysuru. In that meeting, the accused No.4 introduced the petitioner and the other two accused to them and the complainant was asked to pay a sum of Rs.4.00 lakhs for each job. It is stated that accused Nos.2 to 4 had asked the complainant to make advance payment and the complainant’s brother had transferred a sum of Rs.1.00 lakh through bank transfer to the account of accused No.4 on 04.07.2017 and on 04.01.2018, a further sum of Rs.1.00 lakh was transferred by the complainant’s father through Canara Bank. It is further alleged that accused Nos.2 to 4 on 30.01.2018 had received a further amount of Rs.6.00 lakhs by way of cash and at that instant, the petitioner was present at the spot and stated to be seated in car. It is stated that the promise to secure a job, however, not having been realized and when the complainant enquired with the accused and sought for the refund, there was no response and hence, a complaint came to be filed for the aforestated offences. It is noticed that investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner submits that the petitioner was a Corporator of Mysuru City Corporation at an earlier point of time and has a standing in society. It is further stated that the case made out is a false case and it was an attempt to tarnish his image.
4. Learned High Court Government Pleader appearing for the respondent – State opposes grant of anticipatory bail and states that custodial interrogation of the petitioner would be required.
5. It is to be noted that accused Nos.2 to 4 have been enlarged on bail in Crl.Misc.No.1297/2019, 1302/2019, 1311/2019 respectively, by order dated 15.07.2019 by the Court of Principal District and Sessions Judge, Mysuru and that the other accused having been subjected to custodial interrogation, spot mahazar being prepared, video and audio clippings, including the call data records being obtained and subjected to P.F.No.60/2019.
6. It is also the submission of learned counsel for the petitioner that there are no criminal antecedents of the petitioner and said assertion remains uncontroverted. It is submitted that the petitioner would co-operate with the further investigation.
7. In light of custodial interrogation of other accused and seizure of documents by the Investigating Authority, no case is made out for custodial interrogation of the petitioner.
8. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.50/2019 for the offences punishable under Sections 120-B, 406, 420, 506 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.50/2019 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 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 physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(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.
9. In light of disposal of the main matter, I.A.No.1/2019 filed seeking interim bail does not survive for consideration and is accordingly disposed of as requiring no further orders.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR