IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7736/2019 BETWEEN 1. SRI. S. HEMANTH S/O LATE SADASHIVA AGED ABOUT 30 YEARS 2. SMT. S. MEGHA W/O S. HEMANTH AGED ABOUT 26 YEARS BOTH ARE R/AT NO.68, 5TH CROSS, 8TH BLOCK, NAGARBHAVI, II STAGE BENGALURU – 560 072 ... PETITIONERS (BY SRI. PRAVEEN KUMAR G.R., ADVOCATE) AND STATE OF KARNATAKA BY ANNAPURNESHWARI NAGAR POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001. … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.229/2019 OF ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S.39 OF THE KARNATAKA MONEY LENDERS ACT 1961, U/S.4 OF KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT 2004 AND SEC.420, 504 AND 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.1 & 2 in Crime No.229/2019 of Annapoorneshwari Nagar Police Station, Bengaluru, for the offence punishable under Section 39 of the Karnataka Money Lenders Act, 1961, Section 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and Sections 420, 504 r/w. 34 of IPC, now pending before the Court of 5th ACMM, Nrupathunga Road, Bengaluru City.
3. The brief facts of the case are that, one Smt. Manjula introduced the 1st petitioner-Hemanth (A1) and one Shivanna to the complainant- Smt.Vasanth Yogesh. The petitioners were running an enterprise in the name and style of Hemanth Enterprises situated at 2nd Cross, 7th Block, Nagarbhavi 2nd Stage, Bengaluru.
4. It is alleged in the complaint that, due to some inconvenience, the complainant has taken loan of Rs.5,00,000/- on interest basis from the 1st petitioner- Hemanth and repaid the same. Again the complainant has taken loan of Rs.40,00,000/- as loan and at the request of the 1st petitioner, she furnished two registered site documents which were in her name situated at Hesarughatta towards security of the said loan amount. In this connection, after repayment of the said loan amount the complainant asked the 1st petitioner to return back the cheques and documents which were given as security. Thereafter, it is alleged that on 20.04.2018 the 1st petitioner taken the signature of one Smt. Hemalatha, his sister-in-law for the purpose of concocting the sale deed in the name of the his wife, the 2nd petitioner –S. Megha and also taken signatures on another document in favour of his relative one Mr. Shivanna. The said documents were registered in the sub-Registrar’s office with reference to the transfer of sites in the names of those persons. Again on 24.04.2018, the accused have forcibly took the complainant to the sub-Registrar’s office and taken signatures forcibly on some registered documents by threatening her with dire consequences of her life, in order to get two sites in the names of the two persons. On these allegations a complaint came to be filed.
5. The above said facts disclose that there was some money transaction between the complainant and the accused and in that context, some registered sale deeds were executed.
6. At present it is not forthcoming whether the alleged registered sale deeds are obtained by fraudulent or coercion. Therefore, that aspect has to be established during the course of full dressed trial. As rightly pointed out by the learned counsel for the petitioners, though the alleged incident was happened in the year 2018 in the month of April, but the complaint was lodged on 06.10.2019, after long lapse of time. Though the delay itself is not sufficient to throw out the case of the prosecution, but still it will have its own effect on the case.
7. In the above said facts and circumstances, in my opinion, on the assurance of the learned counsel for the petitioners that they would assist the investigation and they would be abide by the conditions that may be imposed by this court, they are admitted to Anticipatory Bail. Hence, the following, -
ORDER The petition is allowed. Consequently, the petitioners (A1 & A2) shall be released on bail in the event of their arrest in connection with Crime No.229/2019 of respondent-Police Station, registered for the aforesaid offences, which is now pending before the Court of 5th Addl. CMM, Nrupathunga Road, Bengaluru City, on the following conditions:-
i) The petitioners shall surrender themselves before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The 1st petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*