IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10059/2017 BETWEEN SRI.KISHORE S/O.MANI, AGED ABOUT 28 YEARS, NO.110, 3RD FLOOR, KORAMANGALA 6TH BLOCK, BENGALURU-560 094.
(BY SRI.KIRAN KUMAR.H.S, ADVOCATE) AND STATE OF KARNATAKA, REP. BY OFFICER IN-CHARGE OF POLICE STATION, CUBBON PARK POLICE STATION, BENGALURU CITY, BENGALURU, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
(BY SRI.CHETAN DESAI, HCGP) …PETITIONER …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 CR.NO.176/2017 OF CUBBON PARK, BENGALURU, FOR THE OFFENCE P/U/S.420 R/W.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The complaint in this case is lodged on 27.07.2017 against the accused persons for the offence punishable under Section 420 read with Section 34 of IPC, wherein the petitioner is Accused No.6 2. The case of the prosecution is that on 27.07.2017, the complainant was asked to deposit a sum of Rs.10,00,000/- along with interest for a period of two months in order to avail a loan of Rs.2.5 crore. After depositing the amount, when the complainant tried to consult the accused, they were not responding to phone calls and the company was also locked. Thereafter, a case came to be lodged against six persons for cheating the complainant in furtherance of their common intention.
3. Learned counsel for the petitioner submits that the petitioner does not have a criminal back-ground. Hence, he may be granted anticipatory bail.
4. Learned High Court Govt. Pleader opposes the application.
5. In the set of circumstances, no prejudice would be caused to the prosecution if the petition is allowed. However, the apprehension of the prosecution could be set at rest by imposing appropriate conditions.
6. The petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in connection with Cr.No.176/2017 registered by the respondent-Police for the offence punishable under Section 420 read with Section 34 of IPC subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs Only) with one surety each for the like sum to the satisfaction of the Investigating Officer.
ii) The petitioner shall surrender before the Investigating Officer within a week from the date of receipt of this order.
iii) The petitioner shall not leave the territory of Karnataka during the investigation of the case.
iv) The petitioner shall appear before the Investigating Officer on all the future hearing dates and as and when required for the purpose of investigation.
v) The petitioner shall mark his attendance before the I.O between 9.00 p.m. and 10.00 p.m. on every first Saturday of each month till the completion of investigation.
vi) The petitioner shall co-operate with the I.O during investigation.
bnv* Sd/- JUDGE