IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7665/2019 Between Sri.Bhavesh R.Bafna, S/o Sri.Rajendra Bafna Jain, Aged about 26 years, Residing at No.48/5, 5th Main Road, 4th Cross, Chamarajpet, Bengaluru – 560 018.
(By Sri.C.V.Nagesh, Senior Counsel for Sri.Raghavendra K. Advocate) And 1. State of Karnataka, By the Station House Officer, J.P.Nagar Police Station, Bengaluru.
Represented by the S.P.P, High Court of Karnataka, Bengaluru – 560 001.
2. Central Crime Branch (OCW), N.T. Pet (being investigated by CCB), Bengaluru – 560 002.
Represented by SPP High Court of Karnataka, Bengaluru – 560001.
(By Sri.Honnappa, HCGP) ... Petitioner ... Respondents This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.180/2019 registered by Jayaprakash Nagar Police Station, Bengaluru for the offence punishable under Sections 420 read with 120-B and 34 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondents – State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.180/2019 of Jayaprakash Nagar Police Station, Bengaluru for the offence punishable under Section 420 read with 120-B and 34 of IPC.
3. The brief facts of the case on hand are that;
The complainant by name Bhavesh Gulechha lodged a complaint on 30.09.2019 stating that he was playing as a cricket player to Ballari Tuskers Team. He was earlier playing for Jawans Cricket Club since his age was 16 years. It is alleged that the petitioner was a close friend of the complainant. In the year 2019, there was a KPL Cricket Matches, the complainant was working as a Drummer in Bijapur Bulls Cricket Team and in this context, it is alleged that the petitioner contacted the complainant and requested him to give 10 runs per over, but the complainant refused for the same. Thereafter also, the petitioner demanded that he would pay Rs.2,00,000/-, when one person by name Sanyam i.e., accused No.2 would give Rs.2,00,000/- if the complainant accepts for the said deal. The complainant refused for the same. On the above said allegations, a complaint came to be lodged stating that the petitioner tried to persuade the other cricket players in the same manner. Therefore, the police are investigating the matter in this regard. When the complainant has refused and no transactions has been taken place, whether the offence under Section 420 is complied with or not is to be thrashed out during the course of the full dressed trial. If any final report is filed, it is only made by the petitioner as alleged. Therefore, I am of the opinion that under the above said facts and circumstances, the petitioner is entitled to be enlarged on bail by imposing stringent conditions. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner (accused No.1) shall be enlarged on bail in connection with Crime No.180/2019 of Jayaprakash Nagar Police Station, Bengaluru on the file of 30th Additional CMM Court, Nrupatunga Road, Bengaluru for the alleged offence subject to the following conditions:-
i) The petitioner (accused No.1) shall execute a personal bond for a sum of Rs.50,000/- (Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner (accused No.1) shall not indulge in tampering the prosecution witnesses.
iii) The petitioner (accused No.1) shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner (accused No.1) shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
v) The petitioner (accused No.1) shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
In view of disposal of the main petition on merits, I.A.No.1/2019 does not survive for consideration and the same is dismissed.
Sd/-
JUDGE NBM