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.731/2019 BETWEEN:
1. SATISH. K. G. S/O. GOPALAIAH, AGED ABOUT 49 YEARS, RESIDING AT CHOICE MENS WEAR, NEAR OLD SBM ROAD, KONANUR, ARAKALGUDU TALUK, HASSAN DISTRICT – 573 130.
2. SMT. PAVANA. A. D. W/O. SATISH K.G., AGED ABOUT 39 YEARS, RESIDING AT CHOICE MENS WEAR, NEAR OLD SBM ROAD, KONANUR, ARAKALGUDU TALUK, HASSAN DISTRICT-573 130. ... PETITIONERS (BY SRI. A S KULKARNI, ADVOCATE) AND:
THE STATE OF KARNATAKA BY HASSAN CITY POLICE STATION, HASSAN-573 201.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001. ... RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION FILED U/S.438 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.316/2018 OF HASSAN CITY POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 506,420 R/W 34 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 petitioners/accused Nos.2 and 3 under Section 438 of Cr.P.C., praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.316/2018 of Hassan City Police Station for the offences punishable under Sections 420 and 506 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 23.06.2011, accused Nos.1 to 3 opened the company under the name and style of Sabala Bharath Farm Estate India Ltd., at Hassan. The purpose of the company is to collect the money from public and invest in real estate. The complainant invested a sum of Rupees One lakh on 16.11.2012 in the name of his wife. Subsequently on 11.11.2017, his wife expired and the complainant had been to the said company to request to release the maturity amount. Then, the complainant came to know that the said company was closed and cheated the investors. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for petitioners that it is accused No.1, who formed the company. Petitioners/accused Nos.2 and 3 are the directors in the said company for a very short period. The alleged deposits and other things are not within their hand. It is further submitted that the petitioners/accused Nos.2 and 3 are permanent residents of Hassan and submitted that they are not having any criminal antecedents and they are ready to furnish the sureties and securities. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.2 and 3 along with accused No.1, with an intention to cheat the general public, they have formed the company and have got invested the amount. Thereafter, they have committed an offence and closed the company and now, they are absconding and they are not available for the purpose of investigation or interrogation. Still the investigation is in progress. If the petitioners/accused Nos.2 and 3 are released on bail, they may tamper with the prosecution evidence and they may abscond. 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 have been produced in this behalf.
7. On close reading of the contents of the complaint, it indicates that the complainant has invested an amount of Rupees One lakh on 16.11.2012 in the name of his wife and when he went to ask the matured amount, the company was closed. Whether the said company has legally closed or not? and what are the assets and liabilities of the company? is the matter which has to be adjudicated in the civil Court. The only allegation which is there as against the petitioners are that only with an intention to cheat the complainant, the accused persons have formed the company and have got invested and thereafter, have closed the company? is also the matter which has been adjudicated at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Under such circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.2 and 3 are released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused Nos.2 and 3 are enlarged on anticipatory bail in the event of their arrest in Crime No.316/2018 of Hassan City Police Station, Hassan for the offences p/u/s 506 and 420 r/w 34 of IPC subject to the following conditions:
1. Petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Agency.
2. They should surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission 5. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
Sd/- JUDGE VBS