IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.8191 OF 2018 BETWEEN:
SAROJAMMA W/O LATE T.L.PUTTASWAMY, AGED ABOUT 75 YEARS, RESIDING AT RAMAMANDIRA MAIN ROAD, SRIRAMANAGARA, TUMAKURU CITY – 572 101. …PETITIONER (BY SRI SHIVALINGARAJU.K.N., ADVOCATE) AND:
STATE OF KARNATAKA, BY TUMAKURU TOWN POLICE STATION, TUMAKURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR – 572 101. … 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 HIS ARREST IN CR.NO.176/2018 OF TUMAKURU TOWN POLICE STATION, TUMAKURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420 AND 417 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Cr.No.176/2018 of Tumakuru Town Police Station for the offence punishable under Sections 420 and 417 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the Respondent/State.
3. The jist of the case is that the complainant filed a private complaint in P.C.R.No.13/2018 alleging that petitioner and accused are known persons and accused Nos.2 and 3 are the wife and husband and they are daughter and son-in-law of the petitioner and they are running chit business since long back. That on 15.01.2014, the complainant obtained three chits in her favour which is amounting to Rs.2 Lakhs and they used to pay the monthly installments and thereafter that the said amount has not been paid and thereafter, they have cheated the complainant. After considering the said private complaint, the Court has directed the respondent/police to investigate the matter and on reference, police have registered the case in Cr.No.176/2018. It is the submission of the learned counsel for the petitioner that the complainant is a defacto complainant and they used to do the chit business and that there is no material to show that the accused persons have cheated the complainant. He further submitted that the alleged offences are not punishable either with death or life imprisonment. The petitioner/accused is ready to abide by any conditions that may be imposed by this Court. On these grounds, he prayed to allow the petition and release the petitioner/accused on bail.
4. Per contra, learned HCGP vehemently argued and submitted that the petitioner/accused is the main accused who was running chit business and he has cheated the complainant and other persons and the investigation is in progress and if the petitioner is released on bail, he may tamper with the prosecution witnesses and he may abscond from the clutches of prosecution and hence, prayed for dismissal of the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. On close reading of the said records, it discloses the fact that the accused and the complainant were acquainted with each other and running chit business and thereafter, after closure of chit business, the said amount has been paid or not is a matter, which has to be considered at the time of trial. The alleged offences against the petitioner is neither punishable with death nor imprisonment for life and triable by the Magistrate Court. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be granted with anticipatory bail.
6. In the result, petition is allowed and the Respondent-Police is directed to release the petitioner on bail in the event of his arrest for the alleged offence registered in Cr.No.176/2018 of Tumakuru Town Police Station, Tumakuru District, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties for the like-sum to the satisfaction of the Investigation Officer;
(ii) He shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) He shall surrender before the I.O. within fifteen days from today;
(iv) He shall make himself available to the Investigating Agency as and when he is directed to do so.
(v) He shall mark his attendance once in fifteen days in between 10.00 a.m. to 5.00 p.m. till the charge- sheet is filed or the final report is filed by the police.
Ordered accordingly.
Sd/- JUDGE dh