IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.870/2019 BETWEEN:
Sri Ravi Aged about 49 years S/o Srinivasaiah M/s.Trans City Developers Having its Registered Office At No.32, 2nd Floor, 13th Cross Bashyam Circle (Above Shanthi Sagar Hotel) Sadashivanagar, Bengaluru-560 056. ...Petitioner (By Sri.H.C.Shivaramu, Advocate) AND:
State of Karnataka By Sadashivanagar Police Rep. by Special Public Prosecutor Dr.Ambedkar Veedhi Bengaluru-560 001 ...Respondent (By Sri.H.S.Chandramouli, SPP) 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 Crime No.184/2018 of Sadashivanagar Police Station, Bangalore City for the offence punishable under Sections 120B, 417 and 420 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.184/2018 of Sadashivanagar Police Station for the offences punishable under Sections 120B, 420 and 417 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of complaint is that the petitioner/accused is a developer and running a firm in the name of M/s. Trans City Developers. The petitioner/accused is a partner of the said firm. He used to develop the land and selling the sites to the general public. The complainant agreed to purchase the sites bearing Nos. 949 and 950 from the said firm and paid an amount of Rs.6,30,000/- in the year 2014. He further contended that aggrieved persons have approached the Court and the firm which has entered into an agreement did not execute the sale deed and even not developed the land as shown in the agreement. Therefore, the purchaser/complainant has filed a complaint alleging that petitioner/accused has cheated and has not kept his promise. On the basis of complaint, the case has been registered.
4. It is the submission of the learned counsel for the petitioner that since the Firm is carrying on the said business of developing and selling the sites, as per the request of the complainant, an agreement was entered into between the complainant and the Firm and thereafter, he has given an application on 30.07.2018 for cancellation of the said agreement and in pursuance of the said agreement, he has paid the amount. He further submitted that the suit has also been filed after receipt of the amount and an injunction order has been obtained. The alleged offences are not punishable with death or imprisonment for life. Petitioner/accused is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused being the partner of the said firm has not only cheated the complainant but many more persons by taking amount and they have not alloted the sites. He further submitted that petitioner/accused has paid the amount or not is in dispute and even the signature of the complainant, cancellation application and receipt also differing. He further submitted that petitioner/accused is absconding that he is not available for investigation or interrogation. If he is released on bail, he may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials and perused the records.
7. As could be seen from the records that complainant has entered into an agreement to purchase the site bearing Nos.949 and 950 and paid an earnest money of Rs.6,30,000/-. Whether the said agreement is in existence, the application which was given for cancellation and the amount has been paid are the matters which are to be considered only at the time of trial. As could be seen from the records civil dispute is pending between the parties and the alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in Crime No.184/2018 of Sadashivanagar Police Station for the offences punishable under Sections 120B, 420 and 417 read with Section 34 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Jurisdictional Police.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He is directed to surrender before the Investigating Officer within 15 days from today.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the chargesheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE KA*