IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.4975/2017 BETWEEN SRI. S. SUDARSHAN S/O LATE V.N. SUBBA RAO AGED ABOUT 49 YEARS RESIDING AT NO.77, 3RD CROSS SHANKARA APARTMENTS, 6TH MAIN CONCORDE LAYOUT, R.R.NAGAR BENGALURU – 560 098 (BY SMT. MAMATHA ROY, ADVOCATE) AND STATE OF KARNATAKA BY KENGERI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU– 01 (BY SRI.CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER DIRECTING THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN ANY COMPLAINT FILED BY THE REPRESENTATIVES OF S3 HOLIDAYS AND TRAVELS PRIVATE LIMITED PERTAINING TO THE AGREEMENT DATED 26.12.2016.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The petitioner apprehends arrest by the respondent-Police in respect of a complaint being filed by the representative of S3 Holidays and Travels Pvt., Ltd., Learned counsel for the petitioner submits that this petitioner and his brother entered into transaction with Mr.Ashok B.A. and Ms. Aveeshree B.A., (Managing Director and Finance Director respectively) of S3 Holidays and Travels Pvt., Ltd., In pursuance of the said agreement, the representatives of S3 Holidays and Travels Pvt. Ltd., had agreed to pay `9,25,000/- to this petitioner and his brother to carry out their business. Apart from `9,25,000/-, the petitioner and his brother had also borrowed `2,00,000/- to set back their personal expenses and they had agreed to pay interest @10% per month. Because of set back in the business, the petitioner was unable to pay the amount within the agreed period. Mr. Ashok B.A. and Ms.Aveeshree B.A. with one Ms.Bhagya abducted the petitioner’s brother, wrongly confined him and got two blank cheques for `7,00,000/- to execute `7,50,000/- and also obtained certain blank cheques. The petitioner on coming to know about his brother’s abduction, lodged a complaint before the respondent-police. As the Police refused to receive his complaint, he was constrained to approach the Government. The above said persons went to petitioner’s house wrongfully confined his wife for five hours and assaulted her. On 17.03.2017, he was called to the Police Station and asked to give a fresh complaint and registered a complaint in NCR No.199/2017. The petitioner and his brother issued a legal notice to the above said persons expressing their intention to terminate the agreement of 26.12.2017 and proposing to repay the money in seven installments. The brother of the petitioner had sent two cheques on 06.05.2017 and 28.05.2017 along with a covering letter. On receipt of the said cheques, the representatives of the above said company misused their earlier cheques and presented the same before the Bank which came to be dishonoured due to insufficient funds. They have issued notice under Section 138 of N.I. Act. Now the respondent- Police have communicated to the petitioner that a complaint is registered in NCR No.277/2017 against him and they are calling upon the petitioner to appear in the police station. The petitioner apprehends arrest in the event if he happened to appear before the respondent-police.
3. Learned HCGP., submits NCR No.277/2017 is registered on the complaint of Mr.Ashok B.A., pertaining to his money transaction. In the light of the above checked history stated above, it cannot be said that the apprehension of the petitioner is only captive and the same is founded on his previous experience with the complainant-Mr.Ashok B.A.
4. Accordingly, petition is allowed. Petitioner is granted anticipatory bail for two months in NCR No.277/2017 registered by the respondent-Police pertaining to any complaint lodged by any of the representatives of the company in respect of the Agreement/MOU dated 26.12.2016. In the event of his arrest, within the above period, he shall be released on bail on executing self bond for a sum of Rs.1,00,000/- with one surety for the likesum.
Sd/- JUDGE BS