IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4856/2019 BETWEEN 1. SRI. V. NARAYANASWAMY S/O. CHANNAPPA AGED 60 YEARS 2. SRI. CHANDRASHEKAR. B S/O. V. NARAYANASWAMY AGED 35 YEARS BOTH ARE RESIDING AT BANAHALLI VILLAGE KAIVARA HOBLI, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT – 563 128 ... PETITIONERS (BY SRI. R. SHASHIKUMAR, ADVOCATE) AND STATE OF KARNATAKA BY HASSAN CEN CRIME POLICE STATION, HASSAN – 573 201 REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.7/2017 OF HASSAN CEN CRIME POLICE STATION, HASSAN FOR THE OFFENCE P/U/S. 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioners are arraigned as Accused Nos.
2 & 3 in Crime No.7/2017 of Hassan CEN Crime Police Station, Hassan District, for the offence under Section 420 of IPC.
3. The brief facts of the case are that totally four accused persons have started a private company in the name and style of Swarna Krishi Farms India Pvt. Ltd., which was duly registered in No.47/1, Shabarinagar, Byatarayanapura, Bengaluru and they have opened several branches and in fact, they opened one of such branch near Panduranga Temple in Hassan District and they have appointed agents for the purpose of collecting money from the public for the purpose of investment with an assurance that the said amount will be paid back to the investors with attractive interests.
4. It is alleged that in the year 2014, the complainant by name Raju has invested money with the said company but the said amount has not been paid back to him. Therefore, the above said complaint came to be registered against the petitioners and others.
5. It is submitted that, Accused No.1- Thimmegowda has approached this Court in Crl. P. No.1549/2019 and vide order dated 14.08.2019, in the similar set of facts by exercising power under Section 438 of Cr.P.C, this Court has allowed the petition and he was enlarged on bail in the said case. More over, the offence under Section 420 of IPC is not punishable either with death or imprisonment for life. Further, added to that, it is admitted that petitioners’ company has given Bond and Cheque as security. In the above said facts and circumstances of the case, whether the said company is really intend to cheat the public or not has to be established during the course of full-fledged trial.
Therefore, at this stage, I do not find any strong reason to reject this bail petition. Hence the following,-
ORDER The petition is allowed. Consequently, the petitioners (A2 & A3) shall be released on bail in the event of their arrest in connection with Crime No.7/2017 of Hassan CEN Police Station, Hassan District, registered against them, for the offence punishable under Section 420 of IPC, now pending on the file of the Civil Judge (Sr.Dn.) and JMFC, Sakleshpura, Hassan District, subject to the following conditions:-
(i) The petitioners shall execute their respective personal bonds for a sum of Rs.2,00,000/- (Rupees Two lakhs) only with two sureties for the like-sum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall appear before the Investigating Officer within 15 days from today.
(iii) The petitioners shall not hamper the investigation or tamper the prosecution witnesses either directly or indirectly.
(iv) The petitioners shall appear before the Investigating Officer to assist in the investigation, as and when required.
(v) The petitioners shall not leave the jurisdiction of the I.O. without prior permission.
(vi) The petitioners shall mark their attendance once in 15 days till the charge sheet is filed.
Sd/-
JUDGE KGR*