IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3427/2019 BETWEEN:
1. Sri.T.Marappan, S/o.Sri.Thirumalai Goundar, Aged about 56 years.
2. Smt.Annamma, W/o.Sri.T.Marappan, Aged about 50 years.
3. Sri.Ajith Kumar, S/o.Sri.T.Marappan, Aged about 26 years.
4. Smt.Mahalakshmi, D/o.Sri.T.Marappan, Aged about 20 years.
Petitioner Nos.1 to 4 are Residents of 8th ward, Near Ganesha Temple, Hiriyur Town, Chitradurga District-577 599.
5. Smt.Ranganayaki, W/o.Late.Sri.Shivasubramani, Aged about 67 years.
6. Sri.Sundaravelu, S/o.Late.Sri.Shivasubramani, Aged about 46 years.
7. Smt.Kaliyamma, W/o.Sri.Sundaravelu, Aged about 38 years.
8. Sri.Venkatesh, S/o.Late.Sri.Shivasubramani, Aged about 43 years.
9. Smt.Renuka, W/o.Sri.Venkatesh, Aged about 38 years.
Petitioner Nos.5 to 9 Are the residents of 19th Ward, Near Lakkavalli Road, Hiriyur Town, Chitradurga District-577 599. …Petitioners (By Sri.C.R.Gopalaswamy, Advocate) AND:
State of Karnataka, By Hiriyuru Town Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yogana, HCGP) 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.17/2019 (PCR No.11/2019) of Hiriyur Town P.S., Chitradurga for the offence punishable under Sections 120B, 405, 406, 418, 420 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest pursuant to proceedings in Crime No.17/2019 for the offences punishable under Sections 120B, 406, 405, 418 and 420 read with Section 34 of IPC.
2. It is stated that an agreement was entered into between the petitioners and the complainants on 03.03.2015 for developing the land. It is stated that the complainants had invested and developed the land and it is then they came to know regarding objections relating to revenue entries initiated by one R.Vijayakumar before the Deputy Commissioner by way of proceedings in RA(A)-66/2015-16. PCR No.11/2019 came to be filed before the Court alleging that the accused were aware as regards to the defect in title and had willfully withheld the said information and had entered into an agreement with the complainants. Matter was referred to investigation under Section 156(3) Cr.P.C and charge sheet had been filed.
3. Learned counsel for the petitioners states that it is essentially a civil dispute which is sought to be converted into criminal proceedings. It is further stated that the evidence that is required for the purpose of investigation of the offence are essentially documentary and custodial interrogation of the petitioners would not arise.
4. It is to be noted that the Sessions Court had rejected the application of the petitioners seeking to be enlarged on anticipatory bail by observing that the alleged offence is in the nature of white collar crime.
5. It is to be noted that the primary allegation relates to knowledge of the accused as regards proceedings relating to revenue entries initiated by third party. It is alleged that said knowledge of proceedings, was withheld from the complainant. Noticing the nature of the allegations made and that the case rests on documents and also oral evidence to be adduced as regards knowledge of the accused persons regarding legal proceedings of the revenue entries, there is substance in the contention of the learned counsel for the petitioners that no case is made out for custodial interrogation. Accordingly, the petitioners are entitled to be enlarged on anticipatory bail subject to conditions to ensure co-operation with the investigation.
6. Accordingly, petition is allowed and the petitioners are entitled to be enlarged on bail in the event of their arrest in Crime No.17/2019 for the offences punishable under Sections 120B, 406, 405, 418 and 420 read with Section 34 of IPC subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.17/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) The petitioners shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS