IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7971 OF 2018 BETWEEN:
1. Sri.Sai Chowdeshwari Traders, (Tin No.29770259597), Prop/Joint Owner, Sri.B.M.Malthesh, S/o Bariker M.G., Aged about 40 years, R/o D.No.991/1, Opp. Chowdambika Temple, Bhagath Sing Nagar, Davangere – 577 001.
2. Sri.Sai Chowdeshwari Traders, (Tin No.29541330555), Prop/Joint Owner, Sri. K.R.Usha, D/o B.M.Malathesh, Aged about 34 years, R/o D.No.992/14, Bhagath Sing Nagar, Davanagere – 577 001. ...Petitioners (By Sri. Jagadeeshgoud Patil, Advocate) AND:
1. Shanmukhappa Sokki, S/o Sokki Basappa, Age 45 years, Retired Person, R/a 2nd Main, 4th Cross, K.B. Extn., Davanagere – 577 001.
2. The State Rapt, By P.S.I., K.T.J. Nagara Police Station, Davanagere – 577 001. Represented by S.P.P., High Court of Karnataka. ...Respondents (By Sri. M. Divakar Maddur, HCGP for R2; Notice not ordered in respect of R1) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.261/2017 of K.T.J. Nagar Police Station, Davanagere District for the offences P/U/S 202, 203, 467, 409, 406, 420, 471, 472 and 477-A of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.276/2017 of KTJ Nagar Police Station for the offences punishable under Sections 202, 203, 420, 406, 409, 477A, 472, 471 and 467 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. The complainant has filed a private complaint alleging that the petitioners/accused Nos.1 and 2 started an institution under the name and style of ‘Sri. Sai Choudeshwari Traders’ and the petitioners/accused Nos.1 and 2 are the owner and joint owner of the said company. Accused No.3 is shown as General Manager of Hindustan Unilever Company Limited and accused Nos.1 and 2 have contracted with accused No.3 - company and have instigated and made to believe the public that if they invest the amount through their institution in accused No.3 – Company, it will give 4% profit of the company i.e., Hindustan Unilever Company Limited. As such, the complainant invested huge amount in the company of the petitioners/accused Nos.1 and 2 and thereby, the accused petitioners have cheated the complainant. On the basis of the said documents and by creating the fabricated documents, the accused petitioners have cheated the complainant. On the basis of the complaint, a case has been registered. Now the matter is referred under Section 156(3) of Cr.P.C. for investigation.
4. It is the submission of the learned counsel for petitioners that the petitioners/accused Nos.1 and 2 are innocent, they have not committed any offence and there is no incriminating materials as against the petitioners/accused Nos.1 and 2 to show that the petitioners/accused Nos.1 and 2 have made the complainant to invest the amount with accused No.3 -
Company. Further it is submitted that the alleged offences are not punishable with death or imprisonment of life. Only on suspicion and presumption, the said complaint has been registered. It is further submitted that the petitioners/accused Nos.1 and 2 are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.1 and 2 have falsely represented and created the logo of accused No.3 – Company showing that it is a international company and on creating the false documents and seals, have committed the criminal breach of trust. Further it is submitted that the petitioners/accused Nos.1 and 2 are not doing any other business except cheating. It is further submitted that the petitioners/accused Nos.1 and 2 are involved in serious offence wherein, huge amount has been cheated by creating the company. Further it is submitted that the petitioners/accused Nos.1 and 2 are not available for the purpose of investigation or interrogation, the custodial interrogation is very much necessary in order to further ascertain the truth about the case. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. Though several allegations have been made by contending that the petitioners/accused Nos.1 and 2 have cheated the complainant and others saying that if they invest the amount with accused No.3 – Company, through them they are going to get 4% additional profit out of the profit of the company, that is the matter which has to be considered and appreciated only at the time of trial. Whether the petitioners/accused Nos.1 and 2 have cheated the public or not, is the matter which has to be considered only after filing of the charge sheet. On plain reading of the contents of the complaint therein, it indicates that the petitioners/accused Nos.1 and 2 have started an institution under the name and style of ‘Sri Sai Choudeshwari Traders’ as owner and joint owner of the said company and accused No.3 has been shown as General Manager of Hindustan Unilever Company Limited. Thereafter, they made to invest the funds with the company of accused No.3. How, in what manner, they instigated and made them to invest the money is also a matter of investigation and trial. The alleged offences are not punishable with death or imprisonment for life. Under such circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.1 and 2 are ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused Nos.1 and 2 are enlarged on anticipatory bail in the event of their arrest in Crime No.276/2017 of KTJ Nagar Police Station for the offences punishable under Sections 202, 203, 420, 406, 409, 477A, 472, 471 and 467 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission 5. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
Sd/- JUDGE VBS