IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRL.P. NO.3663/2019 C/W CRL.P.NOs.5391/2019, 5480/2019 & 9572/2018 In Crl.P.No.3663/2019 BETWEEN:
1. SHIVKUMAR S/O. SANGARAJ AGED ABOUT 36 YEARS R/AT. NO. D 403 LANKAR APARTMENT GANAPATHI PURAM KUMARSWAMY NAGAR TAMBRAM CHENNAI, TAMILNADU 2. PADMANNABHA SOUNDDAPPAN S/O. VENKATESHAN AGED ABOUT 45 YEARS R/AT. NO.19/7, THALLY ROAD MELKOTTAI, DENKANIKOTTA R.F TAMIL NADU - 635107 ... PETITIONERS (BY SRI D.P.PRASANNA, ADV.,) AND:
STATE OF KARNATAKA BY SURYA NAGAR POLICE BENGALURU REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU – 560001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.359/2018 (SPL.C.NO.56/2019) OF SURYANAGARA P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 120(B), 406, 408, 409 AND 420 OF IPC AND SECTION 9 OF KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT.
IN CRL.P.NO.5391/2019 BETWEEN SRI T.MUDDANNA (WRONGLY NAMED AS MUDDANNA P IN THE FIR), S/O. THIMMAIAH AGED ABOUT 59 YEARS R/AT. KOTHAGONDANAHALLI HOSUR TALUK KRISHNAGIRI DISTRICT TAMILNADU – 651 109 AND ALSO NAMING AS A DIRECTOR ACHIEVERS AGRI INDIA PVT. LTD. MAYANURU M.A. SALEM, SALEM TAMILNADU (BY SRI H.P.LEELADHAR, ADVOCATE) …PETITIONER AND STATE OF KARNATAKA BY SURYANAGAR POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDINGS BENGALURU – 560 001 (BY SRI HONNAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.359/2018 (SPL.C.NO.56/2019) OF SURYANAGAR P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 420 OF IPC AND SEC.19 OF KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT.
IN CRL.P.NO.5480/2019 BETWEEN R.NARAYANAPPA S/O. RAM KRISHNAPPA AGED ABOUT 56 YEARS RESIDING AT NALLURU (V) & (P) HOSUR TALUK-635109 KRISHNAGIRI (D),TAMIL NADU …PETITIONER (BY SRI V.LAKSHMIKANTHA RAO, ADVOCATE) AND STATE BY SURYA NAGAR P.S.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 …RESPONDENT (BY SRI HONNAPPA, 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.359/2018 (SPL.C.C.NO.56/2019) OF SURYANAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 120B, 406, 408, 409, 420 OF IPC AND SECTION 9 OF THE KARNATAKA PROTECTION FO INTEREST DEPOSITORS EXORBITANT ACT.
IN CRIMINAL PETITION NO.9572/2018 BETWEEN D.VENKATESH S/O. DYAPEGOWDA N AGED ABOUT 54 YEARS NO.20G, IGGALUR CHANDPUR CIRCLE CHANDPUR, ANEKAL TALUK BENGALURU – 560 081 AND ALSO RESIDING AT NO.209, D.G.COMPLEX OPP. TO SURYA CITY ATTIBELE HOBLI ANEKAL TALUK BENGALURU DISTRICT PIN:560 081 (BY SRI H.P.LEELADHAR, ADV.,) AND STATE OF KARNATAKA BY SURYANAGAR POLICE STATION REP BY: SPP HIGH COURT BUILDINGS …PETITIONER BENGALURU – 560 001. RESPONDENT (BY SRI HONNAPPA, 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.359/2018 OF SURYANAGARA P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 420 OF IPC AND SEC.9 OF KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ETABLISHMENT ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDRES THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Crl.P.Nos.3663/2019 c/w 5391/2019, 5480/2019 and 9572/2018, are filed by different accused persons. Particularly, Crl.P.No.3663/2019 is filed by Accused Nos.2 & 3 and Crl.P.No.5391/2019 is filed by accused No.6 under Section 439 of Cr.P.C., whereas Crl.P.No.5480/2019 is filed by accused No.5 and the Crl.P.No.9572/2018 is filed by one D.Venkatesh under Section 438 of Cr.P.C. for the offences punishable under Sections 120(B), 406, 408, 409 and 420 of IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004.
Though the name of the petitioner in Crl.No.9572/2018 does not find place either in the preliminary charge sheet or in the FIR, apprehending arrest, the petitioner filed petition under Section 438 of Cr.P.C for grant of anticipatory bail. All these petitions are in connection with Crime No.359/2018 of Suryanagar Police.
2. All the petitioners have approached the Sessions Court for grant of bail. But they have failed and hence, they are before this Court. Sofar as allegations as could be seen from the preliminary charge sheet which is already filed in the above cases is that one Yogesha is the investor as well as complainant who lodged a complaint on 11.10.2018 before Suryanagar police station stating that during the year 2011-2012, accused No.2 (Shivakumar – petitioner No.1 in Crl.P.No.3663/2019) and other accused persons particularly, petitioners in Crl.P.Nos.5391/2019 and 5480/2019 had met him and also several other villagers by stating that they have started a company in the name and Style of Achievers Agri India Pvt. Ltd. in Karnataka and Tamilnadu and they were awarded ISO No.9001:2008. They also persuaded the complainant and several other villagers that their administrative office is situated in Subam Towers, second floor, Meyyanoor main road, Salem, Tamilnadu and they are also having branch office in different parts of the city and it is a reputed company. They had also assured the complainant and several others to invest their money in the said company, so that the investors can get attractive rate of interest at 3% per month and also apart from interest they would also get attractive gifts. Making such assurances, it is alleged that accused Nos.1, 2 and 5 have collected huge money from different persons with such assurances to the extent of crores together and it is alleged that after collecting huge money, they did not return the money back to the investors of the accused as agreed upon. Therefore, various investors have lodged complaints against the petitioners. However, so far as these cases are concerned in Cr.No.359/2019, a preliminary charge sheet has already been filed.
3. It is worth to refer here the fact that there are many other investors who have filed criminal cases against the petitioners - accused Nos.2, 3, 5 & 6 respectively. Particularly, first crime was registered in Cr.No.2/2015 by the same Surayanagar Police station for the offence under Section 420 of IPC and thereafter, other crime numbers in Cr.Nos.14/2015, 20/2015, 47/2015, 55/2015, 62/2015 and 80/2015 and also 395/2018 have registered for the offence under Sections 406 and 420 of IPC, as well as under Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004.
4. It is submitted by the learned counsel for the petitioners that in those cases, the allegations are mainly against accused Nos.2, 3 and 5 and they have already been released on bail, on the same set of facts and circumstances. This particular aspect has not been disputed by the above named accused persons who have also released on bail in those crime numbers.
5. In the facts and circumstances, it is submitted by learned counsel for the petitioners that the present petitioners particularly directors of the said company are making hectic steps to repay the amount to the investors, if possible along with interest and they have got huge properties. In this context, it is also submitted that a liquidator has already been appointed and process is going on by the Hon’ble High Court of Madras to resolve the issue.
6. In the above backdrop, as could be seen from the entire records, on the same allegations, the previous cases have been registered by the same police on the basis of the complaint lodged by the investors. This case is also registered on the basis of the complaint lodged by one of the investors. Therefore, I find there is no difference between the cases which are earlier registered by police on the basis of the compliant lodged by several investors compared to the present case. As it is noted, in all the other cases, the petitioners particularly Directors have already been released on bail. In this case also in my opinion the petitioners are entitled to be enlarged on bail on certain conditions.
7. Sofar as petitioner in Crl.P.No.5391/2019 who is arraigned as accused No.6 is concerned, appears to be an investor who joined hands with the petitioners has not cheated the other investors. In my opinion he also stands on par with other accused persons. Sofar as petitioner in Crl.P.No.9572/2018 is concerned, as rightly contended by the learned counsel, the petitioner’s name does not find place either in preliminary charge sheet or in the FIR, but it is stated in the preliminary charge sheet that they are still investigating the matter and the petitioner reasonably apprehends that he may be arrested in connection with this case and on the ground that accused Nos.2 and 3 have invested huge amount with the petitioner’s school after cheating the investors. Therefore, in this context, he reasonably apprehends arrest in connection with this case. When the specific case number is mentioned and reasonable apprehension is established, in my opinion this petitioner is also entitled to be enlarged on bail. In view of the above facts and circumstances of the case, the following:
ORDER The petitioner(A-5) in Crl.P.No.5480/2019 and the petitioner in Crl.P.No.9572/2018 are hereby enlarged on anticipatory bail in the event of their arrest in connection with Crime No.359/2018 of Suryanagar Police Station; whereas, the petitioners (A2 and A3) in Crl.P.No.3663/2019 and the petitioner (A6) in Crl.P. No.5391/2019 are enlarged on bail in connection with SPl.C.No.56/2019 pending on the file of Principal District and Sessions Court, Bengaluru Rural (arising out of Crime No.359/2018 of Suryanagar Police Station for the offences punishable under Sections 420, 406 and 409 of IPC and also under Section 9 of Karnataka Protection of Interest Depositors Exorbitant Act, 2004, subject to the following conditions:
(i) Petitioners in Crl.P.Nos.3663/2019 and 5391/2019 (A2, A3 and A6) shall execute their respective personal bonds for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Special Court.
(ii) Whereas, the petitioners in Crl.P.Nos.5480/2019 and 9572/2018 are hereby directed to surrender themselves before the Special Court within 10 days from the date of receipt of a certified copy of this order and they shall also execute their respective personal bonds for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the special Court.
(iii) All the petitioners shall not indulge in hampering further investigation or tampering the prosecution witnesses.
(iv) All the petitioners shall co-operate with the investigating officers for further investigation or interrogation etc., and they shall appear before Investigating Officer as and when called for to assist the investigation officer and to complete the investigation and to file final report.
(v) All the petitioners in all these criminal petitions shall mark their attendance once in 15 days on any Sunday of each month between 10:00 a.m. and 05:00 p.m. before the investigating officer for a period of two months or till the filing of the final report to the court, whichever is earlier.
Sd/- JUDGE HJ