IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9213 OF 2017 BETWEEN:
Annapornamma, D/o.Ashwathaiah, Aged about 60 years, R/at Thimmaiahaiah Building, Reddy Kunte, Nagasandra, Bengaluru – 560 073. ... Petitioner (By Sri K.B.Monesh Kumar, Advocate A/w. Sri Gnanesh N.I., Advocate) AND:
State of Karnataka, Through Peenya Police Rep. by its Public Prosecutor, High Court of Karnataka Building, Bengaluru – 01. ...Respondent (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 438 Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Crime No.641/2017 of Peenya Police Station, Bengaluru City for the offences punishable under Section 420 r/w. Section 34 of IPC and etc.
This criminal petition, coming on for orders, this day, the Court made the following:
ORDER This is the petition filed by petitioner accused No.
2 under Section 438 Cr.P.C. seeking anticipatory bail and to direct the respondent Police to release the petitioner on bail in the event of the arrest of the petitioner for the alleged offence punishable under Section 420 Cr.P.C. r/w. Section 34 IPC. registered in respondent Police Station in Crime No.641/2017.
2. The main case of the complainant is that one Jayamma deposited R.50,000/- towards one chit of Rs.2.00 lakhs, Saraswathamma deposited Rs.1,50,000/- towards one chit of Rs.2.00 lakhs, Latha and Nagesh also deposited the amounts accordingly for the chit amount of Rs.2.00 lakhs. Though the chit was closed, accused have not returned the chit amounts to them. When they demanded accused No.1 and the petitioner for the return of the chit money they told them that they have utilized a sum of Rs.16.00 lakhs of the chit amount for their personal use. On the basis of the said complaint, a case came to be registered against the accused for the said offences.
Deposi 3. Heard the arguments of learned counsel appearing for the petitioner so also learned High Court Government Pleader for the respondent State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
5. Though there is an allegation that the petitioner and her husband are liable to return Rs.16.00 lakhs, but the said allegations are denied by the petitioner accused No.2 contending that there is a false implication; she is totally unconnected with the said alleged chit business and she has undertaken that she is ready to abide by any reasonable conditions to be imposed by the Court. The alleged offence under Section 420 is punishable for 7 years imprisonment and it is triable by the Magistrate Court. Hence, by imposing reasonable conditions she can be admitted to anticipatory bail.
6. Accordingly, the petition is allowed. The respondent Police are hereby directed to release the petitioner on bail in the event of her arrest for the alleged offence punishable under Section 420 Cr.P.C.
r/w. Section 34 IPC. registered in respondent Police Station in Crime No.641/2017, subject to the following conditions:
(i) The petitioner accused shall have to execute personal bond for Rs.50,000/- with one solvent surety for the likesum to the satisfaction of the concerned arresting authority.
(ii) She shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) She has to mark his attendance before the concerned Police Station once in a month preferably on Sunday in between 10.00 a.m. and 11.00 a.m. till the completion of investigation and he has to cooperate with the investigation agency for further investigation so also for interrogation.
(iv) She has to appear before the concerned Court and to execute the personal bond so also the surety bond within 30 days from the date of this order.
Sd/- JUDGE Cm/-