IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6208/2019 BETWEEN:
SRI.CHETHAN DHAGE, S/O CHANDRAKANTH, AGED ABOUT 37 YEARS, R/AT NO.93/400/05, GODAVARI COLONY, HANUMANTHA NAGAR, ADONI, KARNOOL DISTRICT, ANDHRA PRADESH.
... PETITIONER (BY SRI. DANAPPA P PANIBHATE, ADV.,) AND:
STATE BY CHANNAMMANAKERE ACHUKATTU POLICE STATION, BANGALORE – 560 085. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA BUILDING, BANGALORE – 560 001.
…RESPONDENT (BY SRI. ROHITH B.J., 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.47/2019 REGISTERED BY CHANNAMMANAKERE ACHUKATTU POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 379 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner.
Perused the records.
2. On 23.02.2019, a person by name – Karthik. M lodged a complaint stating that himself, his wife along with his brother and parents are residing at Amrutha Nilaya, B.S.K. 3rd Stage, Bengaluru. He is working as an Operation Assistant in the International Airport, Bangalore. It is stated that in the month of December, 2018 one Guruji - Avinash Suresh Kanvilkar was introduced to them through his friend. The said Guruji and one Rajesh and another person came to the house of the complainant and told that there is some problem with regard to the health of the complainant and some pooja has to be performed. In this context, the said guruji introduced this petitioner – Chethan Dhage as Maharaj. It is alleged that the said petitioner got transferred an amount of Rs.16,8000/- to his account in order to perform pooja in their house and also taken 292 grams of gold from them. On 15.02.2019, the said Guruji - Avinash Suresh Kanvilkar had been to the house of the complainant and ascertained that he would return all the gold articles by 18.02.2019. But the same has not been returned. Therefore, the complainant lodged the complaint against them for the loss to an extent of Rs.50,000/- and 292 grams of gold.
3. Though the offence was committed in the month of December, 2018, but the complaint came to be lodged on 23.02.2019. The present petitioner was arrested in connection with Crime No.19/2019 on the file of V.V.Puram Police Station for the offence under Section 41 (D) read with Section 102 of Cr.P.C. and also section 379 of IPC and during the course of investigation in the said case the accused was taken to the custody of the police for a period of 14 days and he disclosed about the commission of the offence in connection with this case and thereafter, in the said case, the accused – petitioner has already been released on bail.
4. It is contended by the learned counsel for the petitioner that the investigation has already been completed in connection with both the cases insofar as the custodial investigation is concerned. The other accused persons particularly, accused No.3 has already been released on bail by the trial Court vide order dated 27.03.2019.
5. Looking to the above said facts and circumstances, the materials available on record shows that the said - Avinash Suresh Kanvilkar actually has taken the gold articles from the complainant. There is no such allegation made against this petitioner. Under the above said facts and circumstances of the case, accused has already been released on bail in the other case after thorough investigation in the matter. Hence, in the instant case, the custodial investigation of the petitioner is not necessary.
6. Under the above said circumstances, except the petitioner visiting the house of the complainant, the whole allegations are against Avinash Suresh Kanvilkar and Rajesh and the same has to be proved during the course of trail. Learned HCGP submitted that the charge sheet has already been filed. Therefore, petitioner is entitled to be enlarged on bail on stringent 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 Crime No.47/2019 of Channammanakere Achukattu Police Station, 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 he shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Jurisdictional Court..
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all 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.
v) As this petitioner has not been taken in to custody in connection with this case, he shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of one month for the purpose of any further investigation in this case.
Sd/- JUDGE VMB