IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7475 OF 2018 BETWEEN:
1. Sundar Raj J.S.
S/o Jayaramaiah T.G. Aged about 36 years, 2. Jayaramaiah T.G. Aged about 72 years, 3. Susheelamma W/o Jayaramaiah T.G. Aged about 58 years, All are residing at No.90, 1st Floor, 13th Cross, 8th Main, B.T.M. 2nd Stage, Mico Layout, Bengaluru – 560 056. ...Petitioners (By Sri. A.V. Ramakrishna, Advocate) AND:
The State of Karnataka By Mico Layout Police, Bengaluru Rep. by its State Public Prosecutor, High Court of Karnataka, High Court Building, Bengaluru-560 001. ...Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.577/2017 of Mico Layout Police Station, Bengaluru for the offence punishable under Section 420 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 to 3 under Section 438 of Cr.P.C. seeking to release them on anticipatory bail in the event of their arrest in Crime No.577/2017 of Mico Layout Police Station, for the offence punishable under Section 420 of IPC read with Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioners/accused Nos.1 to 3 and also learned HCGP appearing for respondent-State.
3. The genesis of the complaint are that: the complainant and accused are friends since 2014. In the month of December 2014, accused No.1 along with accused Nos.2 and 3 called the complainant to their house and assured that they will give 1% share in the share business and made him to believe and received Rs.55,41,122/- and further collected Rs.26,30,000/- from the complainant and from his friends. But, accused persons did not pay any profit amount in the share and accused Nos.2 and 3 falsely assured that they will pay the money. In spite of repeated request, accused persons postponing the same. On the basis of the complaint, case came to be registered.
4. It is the submission of the learned counsel for the petitioners that the complainant has paid the said amount as a loan and he used to collect interest. Even from his friends, the complainant borrowed the loan and invested the same in shares and trading without the knowledge of accused No.1. He submitted that already an amount of Rs.50,58,600/- has been paid to the complainant. He further submitted that it is a share marketing dispute, which was existing as the company which was run by the complainant has suffered loss. Thus, company came to be closed. Complainant to take revenge has filed a compliant by incorporating accused No.1. He further submitted that the petitioners are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to release the petitioners/accused Nos.1 to 3 on bail and allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that accused No.1 in collusion with accused Nos.2 and 3 have availed the loan of Rs.80,00,000/- and even that they have also taken money from the public under the guise of investing the shares and have cheated them. He further submitted that investigation is still in progress. If at this juncture, the accused-petitioners are released on bail, they may tamper with the investigation and they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and I have heard the submissions made by the parties and perused the records.
7. As could be seen from the complaint and other materials, it clearly go to show that an amount of Rs.55,41,122/- and further amount of Rs.23,30,000/- was given by the complainant and his friends to accused No.1 for share marketing business and thereafter, the said amount has not been re-paid, which has to be adjudicated at the time of investigation and during the trial. But, as could be seen from the records, there are no overtacts on behalf of accused Nos.2 and 3. The only allegation against accused Nos.2 and 3 is that they assured the complainant that they will give 1% share in the share business trading but, did not pay any profit amount in the share and falsely assuring that they will pay the money, had postponed the same. Except this no other allegations are made against accused Nos.2 and 3. Insofar as accused No.1 is concerned, there are allegations that he has taken the amount and has not paid any profit amount or shares. In the said facts and circumstances, insofar as accused No.1 is concerned, I feel that it is not a fit case to release him on anticipatory bail. Insofar as petitioner Nos.2 and 3 are concerned, they have made out a case to release them on bail.
8. In the light of the discussions held above, the petition is allowed in part. The petitioners-accused Nos.2 and 3 are ordered to be released on bail in the event of their arrest in Crime No.577/2017 of Mico Layout Police Station for the offences punishable under Section 420 of IPC read with Section 34 of IPC, subject to the following conditions:
1. Petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/- each (Rupees Five lakhs only) with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution witness either directly or indirectly.
4. Petitioner No.2/accused No.2 shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till charge sheet is filed.
5. Petitioner No.3/accused No.3 shall mark her attendance on alternate Sunday between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till charge sheet is filed.
6. They shall not leave the jurisdiction of the Court without prior permission.
MBM Sd/- JUDGE