IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6584/2018 C/W CRIMINAL PETITION NO.6585/2018 BETWEEN:
REYAN MARKOSE S/O. REYAN AGED ABOUT 62 YEARS NO.33/294, LALY DALE VETTUCAUD, KADAKAMPALLY VILLAGE TITANIUM P.O., THIRUVANANTHAPURAM KERALA STATE PIN - 695021 ... PETITIONER (COMMON IN BOTH PETITIONS) (BY SRI B.S.PRASAD, ADV.,) AND:
1. STATE OF KARNATAKA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR MANGALORE NORTH POLICE STATION MANGALORE – 575001 2. THE DEPUTY SUPERINTENDENT OF POLICE & INVESTIGATION OFFICER, CID FINANCIAL INTELLIGENCE UNIT ANNEXE BUILDING – 1, ROOM NO.1 CARLTON HOUSE, PALACE ROAD BENGALURU – 560 001 KARNTAKA STATE 3. THE SUPERINTENDENT OF POLICE & INVESTIGATION OFFICER, CID FINANCIAL INTELLIGENCE UNIT ANNEXE BUILDING – 1, ROOM NO.1 CARLTON HOUSE, PALACE ROAD BENGALURU - 560 001 KARNATAKA STATE.
4. THE STATION HOUSE OFFICER MANGALORE NORTH POLICE STATION BUNDUR – MANGALORE CITY KARNATAKA STATE.
…RESPONDENTS (COMMON IN BOTH PETITIONS) (BY SRI HONNAPPA, HCGP) THESE CRIMINAL PETITION ARE FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.31/2015 AND 32/2015 OF MANGALURU NORTH POLICE STATION, MANGALURU CITY (SPECIAL CASE NO.67/2018) OF MANGALURU NORTH POLICE STATION, MANGALURU CITY FOR THE OFFENCES P/U/S 415, 417, 418, 419, 420, 421, 422, 406, 409, 120B R/W 34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Petitioner is arraigned as accused No.12 in both Cr.No.32/2015 & Cr.No.31/2015 of Mangaluru North Police Station arising out of a private complaint filed by one Mr.Gurudas Shetty.
2. The brief facts of the case are that the complainant is an agent of Maithri Plantation & Horticulture (P) Ltd., established for the purpose of seeking deposits from the public at large with an assurance that they would give attractive interest on the invested money. The complainant has infact invested a sum of Rs.16,09,000/- and it is alleged that they have also collected money from other customers. Subsequently, the said company has not paid the amount or interest. The petitioner’s name actually does not find a place in the private complaint. The private complaint was filed against as many as nine accused persons who appears to be the Chairman, Managing Director and other directors of the said company. The allegations against this petitioner are that he also induced many people for the purpose of investing their money in the company.
On the similar set of allegations, accused Nos.7 and 8 have already been released on bail who are virtually in-charge of the Maithri Plantation & Horticulture(P) Ltd., to several districts for the purpose of inducing the people to invest their money in the company. The allegations against this petitioner is also similar as that of same allegations made against other accused and this petitioner stands on the better footing than that of other accused persons who named in the private complaint. On the ground of parity also the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petitions are allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime Nos.31/2015 and 32/2015 of Mangalore North Police Station, subject to the following conditions:-
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 he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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 Mangaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
In view of disposal of main petition, I.A.No.1/2019 is dismissed as does not survive for consideration.
Sd/- JUDGE HJ