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.1932/2019 BETWEEN:
Sri Shankar S/o V.R.Ramaswamy Aged about 40 years R/at No.(548) 3137, 1st Cross VBHS Layout, 3rd Block Banashankari III Stage Bengaluru-560 085.
(By Sri K.P. Bhuvan, Advocate) AND:
The State of Karnataka by Halasurgate Police Station Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent 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.39/2019 registered by Halasurgate Police Station, Bengaluru, for the offences punishable under Sections 406 and 420 r/w. 34 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.39/2019 of Halasurgate Police Station for the offences punishable under Sections 406 and 420 r/w Section 34 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. This case is taken out of turn on the submission made by the learned counsel appearing for the petitioner stating that the petitioner/accused is intending to get the wife admitted to the hospital for the purpose of Harani operation.
4. It is alleged in the complaint that the petitioner/accused collected an amount of Rs.64,04,000/-
from the complainant by promising him to secure loan of Rs.4,76,00,000/- and after depositing the said amount to the account of the first petitioner, he has issued four cheques for the said amount of Rs.4,76,00,000/-. After presentation of the said cheques they were returned dishonoured. That itself clearly goes to show that the petitioner/accused has cheated the complainant. On the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioner that the petitioner/accused is a financier and raised finance. He further submitted that the amount collected by the complainant to the extent of Rs.64,04,000/- has been forwarded to one Deepak Sha, a resident of USA, thereafter the said amount has not been paid by Deepak Sha. The petitioner/accused is in no way cheated the complainant. He further submitted that already accused No.2 has been released on bail. On the ground of parity the petitioner/accused is entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has involved in cheating the complainant by promising him to get the loan of Rs.4,76,00,000/- and he has obtained Rs.64,04,000/- and thereafter the amount has not been paid and when the complainant has demanded for return of the amount, he has issued four cheques and the said cheques have been returned dishonoured. She further submitted that the complainant is not aware of the business relationship of the petitioner with one Deepak Sha who is residing in USA. She further submitted that the transaction between the petitioner and complainant and other material clearly goes to show prima facie case with regard to cheating of the complainant. On these ground, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. On close reading of the contents of the complaint and other material though there are several allegations made as against the petitioner/accused for having cheating the complainant, that is the matter which has to be considered and appreciated at the time of trial. On perusal of the records it clearly goes to show that, the transaction appears to be between the complainant and the petitioner/accused. The alleged offences are not punishable with death or imprisonment for life. I feel that, by imposing some stringent conditions, if the petitioner/accused is ordered to be released on anticipatory bail, it is going to meet the ends of justice.
9. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.39/2019 of Halasurgate police station for the offences punishable under Sections 406 and 420 r/w Section 34 of Indian Penal code, subject to the following conditions:
i) The petitioner shall execute 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 Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission.
vi) He shall not indulge in similar type of criminal activities.
*AP/-
Sd/- JUDGE