IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.8114/2019 BETWEEN:
SRINIVAS C S/O A CHANDRAN AGED ABOUT 30 YEARS R/AT # K110, T D LINE II CROSS, COTTONPET, BENGALURU – 560 053. … PETITIONER (BY SRI.SRIRAM M, ADV.) AND:
STATE OF KARNATAKA BY JAYANAGAR POLICE STATION BENGALURU – 560 011 REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001. ... RESPONDENT (BY SRI.ROHITH B J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.198/2019 REGISTERED BY JAYANAGAR POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 465, 468, 471, 409, 420 RAD WITH SECTION 34 IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.198/2019 of Jayanagar Police Station, for the offence punishable under Sections 465, 468, 471, 409, 420 read with 34 IPC. It is alleged that the complainant by name Muniraju is the owner of a house situated at Jayanagar VI Block. He went to accused No.1 and enquired about the kandayam payable to the said house. Then, the petitioner herein directed the complainant to go to accused Nos.3 and 4. Thereafter, the complainant went to accused Nos.2, 3 and 4 who told that he has to pay an amount of Rs.1,19,623/- i.e., the kandayam towards the house for the period from 2009 to 2018-19.
3. It is specifically alleged that accused Nos.3 and 4 have received an amount of Rs.90,000/- and issued fake receipts. There is no allegation that accused No.2 has received any amount except stating that the complainant has to pay Rs.1,19.623/- towards the kandayam. Under the above said circumstances, as accused Nos.3 and 4 were already released on bail by the Court below, in my opinion, there is no specific allegation that this petitioner who is accused No.2 has received any amount and issued fake receipt. Therefore, petitioner is entitled to be enlarged on bail subject to conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.198/2019 of Jayanagara Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance before the Investigating Officer, Once in a week on Sunday between 10.00 am and 5.00 pm till the filing of the Final Report.
brn Sd/- JUDGE