IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.703/2019 BETWEEN:
Smt.Reshma Gunashekar, D/o.Late Gunashekar, Aged about 40 years, R/at No.95, BEL 5th Block, Vidyaranyapura Main Road, Opp. BEL White Square Apartments, Bengaluru-560 097. ...Petitioner (By Sri.B.N.Jagadeesha, Adv., for Sri.Seenappa.K, Adv.,) AND:
State of Karnataka, By Kengeri Police Station, Bengaluru-560 060, Rep. by State Public Prosecutor, High Court Complex, Bengaluru-560 001. ...Respondent (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.16/2019 registered by Kengeri Police Station, Bengaluru for the offences p/u/s 120(B), 421, 422, 420 and 417 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. praying this Court to release her on anticipatory bail in the event of her arrest in Crime No.16/2019 of Kengeri Police Station for the offences punishable under Sections 417, 420, 421 and 422 read with Section 120(B) of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Brief facts of the case are that the petitioner represented by her GPA holder Smt. Anuradha Shekar and Late. Gunashekar, had approached the complainant bank in the year 2015 and requested for loan facility. The bank considering the request, had sanctioned the loan of Rs.2,41,68,000/- for taking over liability from Dewan Housing Finance Limited and for construction of residential apartments over the immovable property bearing No.F-603 situated at BEL I Stage, Herohalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk. In pursuance of the sanction of loan, the said property was mortgaged on 18.03.2015 and deposit of title deeds was executed in favour of the bank, by creating mortgage over the said property. It is further alleged that the aforesaid loan was in subsistence. Again in the year 2016, the petitioner and others had applied for a loan of Rs.2,15,00,000/- for taking over liability from Tata Capital and for construction of residential apartments over the immovable property bearing No.344 situated at 4th main, 3rd block, BEL layout, Vidyaranyapura, Bengaluru. In pursuance of the sanction of loan, the said property was mortgaged on 16.11.2016 and deposit of title deeds was executed in favour of the bank, by creating mortgage over the said property. Again on 11.01.2017, a further loan of Rs.50,00,000/- was sought for and the bank sanctioned Rs.34,12,000/- by creating a deed of continuing security dated 18.01.2017. It is further alleged that subsequently, the said accounts were classified as Non Performing Assets(NPA) and there they noticed that the GPA holder and the accused persons have cheated the bank and have got discharged the deeds without making the payment of loan in collusion with accused No.4. On the basis of the said discharged deeds in collusion with accused persons, accused have executed the sale deeds and they have cheated the bank. On the basis of the compliant, a case has been registered.
4. It is the submission of the learned counsel for petitioner that the petitioner/accused is the daughter of Smt. Anuradha Shekar and Late Gunashekar, has only executed a general power of attorney in favour of them, as she was not in a position to attend the transactions. It is the parents, who have approached the bank and they have obtained the loan, she was not present and has not actively participated in any of the transactions. The said transactions have been taken place behind her back without her knowledge. Further it is submitted that the main accused is accused No.4 - the manager of the bank, has executed the deeds of discharge in respect of mortgage and he has been granted the anticipatory bail by the trial Court. On the ground of parity, the petitioner/accused No.1 is also entitled to be released on bail. The alleged offences are not punishable with death or imprisonment for life. Further it is submitted that the petitioner is ready to abide by the conditions imposed on her by this Court and ready to offer surety. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has executed a power of attorney in favour of her parents, they have raised a huge loan of Rs.4 crores and have not repaid the said loan and have got discharged the deeds by executing a deeds of discharge in respect of mortgaged property, only with an intention to cheat the bank. It is further submitted that the petitioner is the main accused in whose name, the said property is standing. Further it is submitted that still the investigation is in progress and the custodial interrogation of the petitioner is required for the purpose of investigation and how many documents have been executed by the petitioner in favour of the other persons has to be known. Under the said facts and circumstance, if the petitioner is enlarged on bail, she may abscond and may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. On close reading of the contents of the complaint and other materials, it clearly go to show that she has executed a GPA in favour of her parents and it is the parents, who have approached the bank and they have obtained the loan. While discharging the loan, they have got executed the discharge deeds from accused No.4. Accused No.4, who has executed the discharge deeds, has been already released on anticipatory bail by the trial Court and when the main accused himself is discharged, under the said facts and circumstances, that too, when the petitioner is a women, there is no impediment for this Court to release the petitioner on bail.
8. Taking into consideration of the above said facts and circumstance, petition is allowed and the petitioner/accused No.1 is enlarged on anticipatory bail in the event of her arrest in Crime No.16/2019 of Kengeri Police Station for the offences punishable under Sections 417, 420, 421 and 422 read with Section 120(B) of IPC subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. She shall surrender before the Investigation Agency within 15 days from today.
3. She shall not tamper with the prosecution evidence either directly or indirectly.
4. She shall mark her attendance once in two months, as she is working in Singapore, till the trial is concluded.
5. She must be available to the Investigating Agency as and when she is called upon.
6. She should regularly attend the trial.
Sd/- JUDGE VBS