IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1067 OF 2019 BETWEEN:
SRI JAVEED S/O LATE SYED GHOUSE @ SYED FRATHULLA AGED ABOUT 52 YEARS, R/AT # 298, 2ND MAIN, 3RD PHASE, J P NAGAR, BANGALORE-560078. …PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND:
STATE OF KARNATAKA HEBBAGODI POLICE STATION, REP BY SPP, HIGH COURT, BANGALORE-01 ...RESPONDENT (BY SRI. I.S PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.3/2019 OF HEBBAGODI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S.420 AND 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned SPP-II for respondent.
2. Petitioner has sought for an order of anticipatory bail under section 438 of Cr.PC in Crime No.3/2019 registered for the offences punishable under sections 506 and 420 of IPC.
3. The said FIR is registered based on the reference order made by the learned Magistrate under section 156[3] of Cr.PC. Material allegations against the petitioner are that complainant had made payment of Rs.13,37,81,850/- to various parties under the instructions of the accused, but from the month of February 2018 the accused started dodging the issue on one pretext or the other and since the last six months, accused has not facilitated the sale transaction of the properties.
4. Learned counsel for the petitioner submits that on the very same allegations, the complainant had earlier filed a complaint in the very same police station wherein the Police had registered it as non cognizable offence. In the instant case, there is imminent apprehension of arrest of the petitioner.
5. On going through the allegations made in the complaint, there appears to be financial transaction between the parties. The complainant himself has stated that the complainant has issued six cheques towards balance sale consideration. Taking into consideration the nature of evidence that is required to be collected by the investigating agency, the petition deserves to be allowed.
6. Hence, the following order:-
Criminal petition is allowed. The petitioner is directed to appear before the Investigating Officer within 15 days from the date of this order and on his appearance, the Investigating Officer shall interrogate the petitioner and shall enlarge him on bail on the same day subject to the following conditions:-
a. The petitioner shall furnish a bond in a sum of Rs.5.00 lakhs (Rupees Five lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. The petitioner shall appear before the Investigating Officer as and when required;
c. The petitioner shall co-operate in the investigation;
d. The petitioner shall not threaten or allure the prosecution witnesses; and e. The petitioner shall produce all the documents in his possession relating to the subject in issue.
f. The petitioner shall mark his attendance in Hebbagodi Police Station, on the 15th of every month.
g. The petitioner shall not leave the jurisdiction of the trial Court without prior permission.
Consequently, I.A. No.1/2019 is disposed of.
Sd/- JUDGE AN/-