IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1549/2019 BETWEEN:
SRI B.THAMMEGOWDA S/O. CHANNAPPA AGED ABOUT 48 YEARS RESIDING AT NO.47/1 SHABARINAGARA, 3RD CROSS BYTARAYANAPURA BANGALORE - 560092 ... PETITIONER (BY SRI R.SHASHIKUMAR, ADV.,) AND:
STATE BY CEN CRIME POLICE HASSAN HASSAN DISTRICT – 573201 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001 (BY SRI HONNAPPA, HCGP) …RESPONDENT 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 CRIME NO.7/2017 OF HASSAN CEN CRIME POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner, the learned HCGP for the respondent-State and perused the records.
2. A crime has been registered against the petitioner herein and others; who is arraigned as accused No.1 for the offence under Section 420 of IPC in Cr.No.7/2017 of Hassan CEN Crime police station, Hassan District..
3. The brief facts of the case are that the accused persons totally four in number have started a private company in the name and style of Swarna Krishi Farms India Pvt. Ltd., which was duly registered in No.47/1, Shabarinagar, Byatarayanapura, Bengaluru and they have opened several branches. Infact they have opened a branch particularly in Hassan district and they have appointed agents for the purpose of collecting money from the public for the purpose of investment with an assurance that the said amount will be paid back to the investors with attractive interests.
4. It is alleged that in the year 2014, the complainant by name Raju has invested money with the said company but the said amount has not been paid back to him. Therefore, the above said complaint came to be registered against the petitioner and others. In the similar set of facts by exercising power under Section 438 of Cr.P.C, the petition filed by the petitioner herein has been allowed in Crl.P.No.6948/2018 on 07.06.2018 and the petitioner has been enlarged on bail in Crime No.7/2018 registered by the Chintamani police station. The offence under Section 420 of IPC is not punishable either with death or imprisonment for life. Further, added to that it is admitted that petitioners’ company has given Bond and cheque as security. In the above said facts and circumstances of the case, whether the said company is really intend to cheat the public or not has to be established during the course of full fledged trial. Therefore, at this stage, I do not find any strong reason to reject the bail petition. 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 Crime No.7/2017 of Hassan CEN Police Station, for the offence punishable under Section 420 of IPC subject to the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties to the like sum to the satisfaction of the Investigating officer.
(ii) The petitioner shall appear before the Investigating Officer within 15 days from today.
(iii) The petitioner shall not hamper the investigation or tamper the prosecution witnesses either directly or indirectly.
(iv) The petitioner shall appear before the Investigating Officer to assist in the investigation.
(v) The petitioner shall not leave the jurisdiction of the I.O. without prior permission.
(vi) The petitioner shall mark his attendance once in 15 days till the charge sheet is filed.
Sd/- JUDGE HJ