IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3343/2019 C/W CRIMINAL PETITION NOS.3344/2019, 3345/2019 IN CRL.P.NO.3343/2019 BETWEEN:
SUJATHA, W/O T.L.SOMASHEKAR, AGED ABOUT 48 YEARS, SHOP NO.2, ANJANANAGAR, VISHWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE – 91.
... PETITIONER (BY MISS. RAKSHA KEERTHANA K., ADV. FOR SRI. KEMPARAJU, ADV.) AND:
STATE BY BYADARAHALLI POLICE, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
(BY SRI. HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.690/2018 OF BYADARAHALLI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 420, 506, OF IPC AND SECTIONS 4, 5, 6 OF PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT.
IN CRL.P.NO.3344/2019 BETWEEN:
SUJATHA, W/O T.L.SOMASHEKAR, AGED ABOUT 48 YEARS, SHOP NO.2, ANJANANAGAR, VISHWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE – 91.
... PETITIONER (BY MISS. RAKSHA KEERTHANA K., ADV. FOR SRI. KEMPARAJU, ADV.) AND:
BYADARAHALLI POLICE, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
(BY SRI. HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.
668/2018 OF BYADARAHALLI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 420, 506, OF IPC AND SECTIONS 4, 5, 6 OF PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT.
IN CRL.P.NO.3345/2019 BETWEEN:
SUJATHA, W/O T.L.SOMASHEKAR, AGED ABOUT 48 YEARS, SHOP NO.2, ANJANANAGAR, VISHWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE – 91.
... PETITIONER (BY MISS. RAKSHA KEERTHANA K., ADV. FOR SRI. KEMPARAJU, ADV.) AND:
BYADARAHALLI POLICE, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO. 22/2019 OF BYADARAHALLI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 420, 468, 471 OF IPC AND SEC.9 OF KARNATAKA PROTECTION OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Cri. P. Nos.3343/2019, 3344/2019 and 3345/2019 have been listed separately today, in the ‘orders’ list. However, since the petitioner in all these petitions is common and the cases arise out of similar facts & situations, they are taken up together for disposal, with the consent of the learned counsel appearing on both sides.
2. The petitioner in all these cases has been arraigned as accused No.2 in Crime Numbers 668/2018, 690/2018, 22/2019 registered by respondent - police for offences punishable under Sections 420, 506, 468, 471 of IPC, Sections 4, 5, 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004.
3. It is alleged that the accused No.1 has been running a chit fund business and the petitioner who is arraigned as accused No.2 in all the aforesaid cases was working as an Agent-cum-Executive Director of said chit fund and persuading people at large for the purpose of investing their money under the said chit business with accused No.1. Ultimately accused No.1 has cheated all customers and not paid any money back to them. In this context, various customers have filed different complaints on the basis of which various crime numbers have been registered by the police though the above said acts of the accused are arising out of the same transaction.
4. Learned counsel for the petitioner brought to the notice of this Court that accused No.1 has already been released on bail under Section 437 of Cr.P.C. by the Trial Court. The allegation against the petitioner is that she introduced customers to accused No.1 and thereby she also contributed her intention to cheat customers. At this stage, it is very difficult to draw any inference in this regard. However, the said acts and intention of the petitioner has to be established during the course of a full- fledged trial. As the main accused No.1 has already been released on bail, on the ground of parity, the petitioner herein is also entitled for grant of bail. Hence, I pass the following:
ORDER The Petitions are allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in Crime Numbers 668/2018, 690/2018, 22/2019 registered against her by respondent - police for the offences punishable under Sections 420, 506, 468, 471 of IPC, Sections 4, 5, 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, subject to the following conditions:
i) The petitioner shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and she shall execute personal bond for a sum of Rs.1,00,000/- with two sureties 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 she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District / Bengaluru Rural District without prior permission of the Court, till charge sheet is filed or for a period of three months whichever is earlier.
sac* Sd/-
JUDGE