IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3598/2019 BETWEEN SRI. RAMACHANDREGOWDA.M S/O LATE MANCHEGOWDA AGED ABOUT 52 YEARS R/A NO.52, 1ST CROSS MANJUNATHANAGARA ITAMADU, BSK 3RD STAGE BANGALORE – 560 085 ... PETITIONER (BY SRI. N.V. PRAKASH, ADVOCATE) AND STATE OF KARNATAKA BY KESTURU POLICE MANDYA DISTRICT MANDYA, REP BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 18/2019 OF KESTHUR P.S., MANDYA FOR THE OFFENCE P/U/S 419, 420, 464, 465, 468, 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. On the basis of the complaint lodged by a lady by name Smt. Girija T.M., the respondent-Kesthur Police have registered a case against this petitioner for the offence punishable under Sections 419, 420, 464, 465, 468, 506 of IPC in Crime No. 18/2019, which is now pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Maddur, Mandya District, on the allegations that, on the pretext of getting a site allotted to the complainant by the Bengaluru Development Authority (‘BDA’ for short), under the Ministers’ Quota, the petitioner/accused took from her a sum of Rs.2,90,000/- and also took the documents ie., Adhar Card, Caste Certificate of the complainant and her husband. But, when enquired with the BDA, they came to know that the petitioner/accused has created the documents and thereby played fraud on the complainant. Thereafter, the petitioner/ accused did not return the money or he get the site to the complainant. On the other hand, the complainant came to know that the petitioner/accused has also lodged a complaint against the complainant before the jurisdictional police and when she went to the police station to enquire about the same, at that time, the petitioner/accused was very much present in the police station and he threatened with dire consequences of killing her and he told that he would not pay back any money to her. On these allegations, the police have investigated the matter.
3. The materials produced before the court shows that, the petitioner/ accused – Ramachandregowda has also filed a complaint against the complainant herein by name Girija in Crime No. 46/2019 making allegations that, she has actually received a sum of Rs.10,000/- from the complainant to get a site in Bengaluru and she has not returned the money etc… 4. The records show that, there is a counterblast between the petitioner and as well as the complainant herein. Apart from the above, learned counsel also produced the certificate issued by Dr.Sunil, the Associate Professor, Department of Nephrology, KIMS Hospital, Bengaluru, stating that the petitioner is suffering from Hyper Tension with chronic kidney disease and he is undergoing Haemodialysis Treatment three times a week at KIMS Hospital.
5. In the facts and circumstances of the case, considering the heath conditions of the petitioner and also there are case and counter cases already pending between the parties, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner/accused- Ramachandregowda M., shall be released on bail in the event of his arrest in connection with Crime No.18/2019 of Kesthur Police Station, Mandya District, registered for the offences punishable under Section 419, 420, 464, 465, 468, 506 of IPC, now pending on the file of Addl. Civil Judge (Jr.Dn.) and JMFC, Maddur, Mandya District, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like- sum to the satisfaction of the concerned Investigating Officer ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mandya District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
KGR* Sd/-
JUDGE