IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1598/2019 BETWEEN:
Sri.V.Venkataramana Shetty, S/o.Late.Venkata Subba Shetty, Aged about 62 years, R/at No.07, Venkatadri, Papaiah Layout, Pattanagere, H.V.Halli, Rajarajeswarinagar, Bengaluru-560 085. ...Petitioner (By Sri.Kemparaju, Advocate) AND:
State of Karnataka by Central Police Station, (C.C.B), Rep. by its State Public Prosecutor, High Court Complex, Bengaluru-560 001. ...Respondent (By Smt. Namitha Mahesh.B.G, HCGP) 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 Cr.No.74/2016 of Central P.S., Bengaluru for the offence p/u/s 380 and 381 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 petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.74/2016 of Central Police Station for the offences punishable under Sections 380 and 381 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that Karnataka State Co-operative Apex Bank has filed a complaint alleging that accused persons have obtained loan from the complainant bank on creating equitable mortgage on property bearing No.58 measuring 6 acres along with constructed building therein. There were some disputes pending before the Joint Registrar of co-operative society and a loan agreement was executed by the accused persons and they have pledged the original documents pertaining to the property with the complainant bank. During the course of dispute, petitioners/accused persons have made an application by producing copies of the title deeds pertaining to the said property and they were marked. Subsequently, accused made an application to produce the original documents before the Joint Registrars and in spite of several opportunities, the said documents were not produced then, the bank came to know that the said documents have been stolen and were not in the bank. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for petitioner that the name of the petitioner is not found in the complaint and in other documents. It is further submitted that he has now received notice from CCB police to come and co-ordinate or co-operate for the purpose of investigation or interrogation. He apprehends that in the event he goes and appears before the CCB, he may be apprehended and may be harassed. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. Further it is submitted that the material collected by the Investigating Officer could not make out any prima-facie material against the petitioner. As on the date of the incident, he was not working in the said bank but he was deputed to work at Vidhana Soudha, Branch. It is further submitted that he is not having the knowledge about the mortgaging of the said documents in the bank. Further it is submitted that he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioner along with other accused persons have obtained loan from the complainant bank on creating equitable mortgage on property bearing No. 58 measuring 6 acres subsequently, in collusion with the petitioner/accused, have been misplaced and stolen. There is prima-facie material against the petitioner/accused. If he is released on bail, he may abscond and may not be available for trial. On these grounds, she 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. It is the specific contention of the petitioner/accused that he has received the notice from CCB police to appear before them and he apprehends his arrest in the above crime. His apprehension appears to be just and proper and the alleged offences are not punishable with death or imprisonment for life. Whether the petitioner/accused is also involved in committing the alleged offence? is a matter which has to be considered and appreciated only after the investigation is completed and the charge sheet is filed. It is the submission of the learned counsel for the petitioner that the said documents has been already traced with accused No.1. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.74/2016 of Central Police Station for the offences punishable under Sections 380 and 381 of IPC subject to the following conditions:
1. Petitioner/accused 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 Agency.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark his attendance once in 15 days between 10.00 a.m. and 5.00 p.m., before the concerned police station, till the trial is concluded.
Sd/- JUDGE VBS