IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.4771 OF 2018 BETWEEN:
1. MR RAHUL BANSAL AGED ABOUT 39 YEARS S/O RADHEY SHYAM BANSAL, R/AT NO.904, BLOCK B 10L & T SOUTH CITY, NEAR RELIANCE MART, AREKERE MICO LAYOUT, BANNERGHATTA ROAD, BANGALORE-560 076.
2. VIJAY KUMAR AGED ABOUT 37 YEARS S/O RAJENDRAN, R/AT NO.70, 2ND BLOCK 40TH CROSS, RAJAJINAGAR BANGALORE-560 010.
3. RAJENDRA PANDA AGED ABOUT 43 YEARS S/O GUNAKAR PANDA, R/AT T.MANA COMPBELL, GREEN GLANE LAYOUT, BELLENDUR, BANGALORE-560 103.
4. MR.ARUN BALASUNDARAM AGED ABOUT 35 YEARS S/O R.BALASUNDARAM R/O NO.20/1, 7TH CROSS, JAI BHARAT NAGAR, BANASWADI MAIN ROAD, BANGALORE-560 033.
5. MR.KUMAR ABHINAV AGED ABOUT 33 YEARS S/O UMESH PRASAD R/O FLAT NO.303 USHODAYA LAXURIA, KASVANAHALLI, SARJAPUR LAKE, SHORE HOMES SARJAPUR ROAD, DODDAKANNALLI BANGALORE-560 035.
6. JEETENDER NAIK AGED ABOUT 28 YEARS S/O MAHESH B NAIK NO.170, 2ND BLOCK, 40TH CROSS, RAJAJINAGAR, BANGALORE-560 010.
(BY SRI SYED AHMED., ADV.,) AND:
STATE OF KARNATAKA BY HALASUR POLICE & CID POLICE REP BY PUBLIC PROSECUTOR.
(BY SRI K. P. YOGANNA, HCGP) ...PETITIONERS ...RESPONDENT ******* THIS CRL.P IS FILED U/S.439(1)(b) CR.P.C PRAYING TO RELAX THE 5TH BAIL CONDITION OF ORDER IN CRL.MISC.NO.9661/2017 DATED 12.12.2017, WHICH WAS IMPOSED BY HON'BLE SESSION COURT AND EXEMPT THE PETITIONERS FORM THEIR PERSONAL ATTENDANCE BEFORE THE RESPONDENT POLICE ONCE IN FORTNIGHT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.2 to 5, 8 and 9 in Crime No.429/2017 of Halasuru Police Station. The said case was registered for the offences punishable under Sections 406, 420 read with Section 34 of IPC.
2. It was alleged that petitioners luring the innocent people of huge returns on investments, collected huge money and cheated them. So far as the complainant in this case, it was alleged that accused No.1 collected Rs.8,80,000/- and cheated him.
3. The Sessions Court in Crl.Misc.No.9661/2017 granted anticipatory bail to the petitioners on 12.12.2017 with certain conditions. Condition No.5 is that the petitioners shall mark their attendance before the SHO of respondent-police Station once in fortnight till filing of the charge sheet. For more than one year, the charge sheet is not filed.
4. Petitioners submit that they have to travel several locations for their business and due to their medical conditions, the rider of their attendance before the SHO of the respondent-police is acting oppressively against them.
5. Learned HCGP submits that the case is transferred to CID, there are as many as 22 cases against the petitioners, therefore, there is a delay in filing the charge sheet. He further submits that if impugned condition is relaxed, petitioners may not appear before the Investigating Officer and co-operate for investigation.
6. Whatever may be the Investigating Agency, the charge sheet has to be filed within a reasonable time. For more than one year, charge sheet is not filed in this case. The Sessions Court has imposed another condition namely petitioners shall not leave the jurisdiction of the trial Court without prior permission. It is stated that whenever the petitioners have to leave the jurisdiction of the concerned Court, they are leaving with the permission of the said Court.
7. There is one more condition that the petitioners shall appear before the Investigating Officer as and when required for the purpose of investigation. If the petitioner fail to respond to the call of the Investigating Officer to appear before him for investigation, it is always open to seek cancellation of the bail.
8. Under these circumstances, it is just and appropriate to revoke / relax condition No.5 as prayed for. Therefore, petition is allowed. Condition No.5 of the bail order dated 12.12.2017 in Crl.Misc.No.9661/2017 passed by the LII Additional City Civil & Sessions Judge, Bengaluru, is hereby relaxed / revoked.
VMB Sd/- JUDGE