IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7809 OF 2018 BETWEEN:
1. SRI. UCHHILA DEVARAJ KUMAR, S/O U.V.ACHARYA, AGED ABOUT 45 YEARS, 2. SMT.DIVYA, W/O. UCHHILA DEVARAJ KUMAR, AGED ABOUT 40 YEARS, BOTH ARE R/AT NO.330, 8TH CROSS, 2ND STAGE, 6TH BLOCK, NAGARBAVI, BENGALURU, PIN-560072. ...PETITIONERS (BY SRI.DHARMAPAL, ADVOCATE) AND:
THE STATE OF KARNATAKA, SAGAR TOWN POLICE STATION, SAGAR, SHIVAMOGGA DISTRICT, PIN-577401.
REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-1 ...RESPONDENT (BY SRI.K.P.YOGANNA, 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.425/2016 (PCR NO.139/2016) OF SAGAR TOWN POLICE STATION, SHIVAMOGGA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 506, 420 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are accused Nos.1 and 2 in Cr.No.425/2016 of Sagar Town Police Station. The complainant-Dr.Prakash Bhosle filed PCR No.139/2016 against the petitioners before the learned Prl. Civil Judge and JMFC, Sagar, seeking prosecution of the petitioners for the offences punishable under Sections 504, 506, 420 read with 34 IPC.
2. It is alleged that the petitioners assuring to get a post graduate medical seat in a prestigious college at Mangaluru for complainant’s son, collected a sum of Rs.10 lakhs from the complainant. It is alleged that the petitioners neither got a seat nor money was repaid and the cheques issued by the accused on 05.08.2015 and 15.08.2015 towards repayment were dishonoured. It is further alleged that when the complainant insisted for repayment of the amount, the petitioners criminally intimidated him.
3. The alleged offence said to have been committed during March 2015 and 15.08.2015 and the complaint is filed on 26.10.2016. The learned Magistrate referred the complaint to the jurisdictional police for investigation and Cr.No.425/2016 was registered by the Sagar Town Police.
4. The complaint itself states that there were exchange of notices and replies between the complainant and the petitioners regarding the transaction. The offences are triable by the Magistrate. The cheques and notices are the material documents, which are in the custody of the complainant himself.
5. Under these circumstances, it is a fit case to grant anticipatory bail. Therefore, the petition is allowed.
6. The petitioners are granted anticipatory bail in Crime No.425/2016 of Sagar Town Police Station, subject to following conditions:
(i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) They shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) They shall not tamper the witnesses in any manner.
(iv) They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(v) They shall mark their attendance before the Investigating Officer on every Sunday till the completion of investigation.
Sd/- JUDGE TL