IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7298/2019 BETWEEN:
SHIVAKUMAR S/O CHANNAGIRAIAH, AGED ABOUT 59 YEARS, RESIDING AT AMBEDKAR STREET, KOPPA VILLAGE, MADDUR TALUK, MANDYA DISTRICT, PIN – 571 425. … PETITIONER (BY SRI PRATHAP KUMAR M.S. ADV., FOR SRI G. V. MANJUNATH ADV., FOR PETITIONER) AND:
STATE OF KARNATAKA BY MADDUR POLICE STATION, MANDYA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
(BY SRI ROHITH B.J., HCGP.) .. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.104/2013 OF MADDUR P.S., MANDYA FOR THE OFFENCES P/U/S/406, 420 R/W 120 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.12 in Crime No.104/2013 in C.C.No.205/2017 for the offence under Sections 406, 420 read with Section 120(B) IPC. After issuance of notice and warrant, as the petitioner did not appear before the Court, it appears that a split up charge sheet has been filed against the petitioner in C.C.No.2066/2018 which is now pending on the file of the Additional Civil Judge (Jr.Dn) & JMFC., Maddur.
3. It is the contention of the petitioner that he was not served with any summons by the Trial Court and his name does not find a place in the FIR. Therefore, he does not know about the investigation by the police and filing of the charge sheet. Even otherwise, in the charge sheet, allegations are made against accused No.1. In fact, it is alleged that this petitioner is one of the promoters of a Co-operative Society by name ‘Maddur Credit Co-operative Society Limited’ and all the documents are recovered from accused No.1 and material objects were also recovered from accused No.1. Except stating that this petitioner is also one of the promoters of the said Society, no independent role has been assigned to the petitioner and that he is also one of the beneficiary of the said Society.
4. The allegations are that accused persons have collected lot of money and gold etc., from the customers stating that they would give attractive interest and thereafter, they cheated the customers. The entire allegations are against accused No.1 who actually and effectively participated in the incident. The said person has already been released on bail by the Trial Court under Section 437 Cr.P.C. Other accused persons are also on bail. Taking into consideration the stand taken by the accused that he was not served with any summons and only when warrant was issued by the Court, he came to know about the incident, in my view, it is virtually not worth to proceed with the matter. Therefore, the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with C.C.No.2066/2018 pending on the file of the Additional Civil Judge (Jr.Dn.) & JMFC., Maddur, for the offence under Sections 406, 420 read with Section 120(B) IPC, subject to the following conditions:-
i) The petitioner shall surrender himself before the jurisdictional Court within ten days from the date of receipt of a certified copy of this order and shall execute his 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 jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE PKS