IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1206/2019 BETWEEN:
1. Sunil M.P S/o. M.R.Puttanna, Aged about 25 years, R/at Mustur Village, Mustur Post, Jagalur Taluk, Davanagere District – 577528 2. D.Shobha W/o. late Shivanandappa, Aged about 45 years, R/at No.1951/9, 2nd Main, 2nd Cross, Vivekananda Badavane, Davanagere – 577002 (By Sri E.Veeresha, Advocate) AND:
The State By KTJ Nagar Police Station, Davanagere-577002, Represented by its Government Pleader, High Court Building, Bengaluru – 560 001 (By Sri K.P.Yoganna, HCGP) ... Petitioners ... Respondent This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.5/2019 of KTJ Nagar Police Station, Davanagere 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:
ORDER The petitioner No.1 (accused No.1) and petitioner No.2 (accused No.2) have filed the petition seeking to be enlarged on bail in the event of their arrest with respect to the proceedings in Crime No.5/2019 registered for the offences punishable under Section 420 read with Section 34 of IPC.
2. The case made out by the prosecution is that the complaint was lodged on 06.01.2019. It is stated that accused No.2 had come to Muthoot Finance Company along with accused No.1, who is her elder sister’s son and accused No.2 introduced accused No.1 to the company and stated that accused No.1 required funds and hence, they were pledging the ornaments. It is further stated that on the basis of pledging of ornaments, loan was advanced. It comes out from the complaint that on 27.11.2018, Vidyaranyapura Police had come along with accused No.1 to the branch office of the Company and have seized the said ornaments. Hence, it is alleged that the accused together have conspired to commit the said offence. Insofar as accused No.1 is concerned, it is clear from the narration of the complaint itself that Vidyaranyapura Police had come with accused No.1 and took away the gold. This aspect of the matter is to be investigated.
3. Learned High Court Government Pleader states that custodial interrogation of the accused would be required. Insofar as the accused No.2 is concerned, the only case that is made out is that she has introduced accused No.1 to the Company. The question as to the role of accused No.2 in the commission of crime is a matter of further investigation. The complaint clearly makes out a case for custodial interrogation as regards accused No.1. The plea of learned High Court Government Pleader is that accused No.1 is required for custodial interrogation cannot be said to be without any basis.
4. At this stage, it is for accused No.1 to explain the circumstances under which the ornaments were obtained and pledged. As regards accused No.2, it is to be noted that she is a lady and main allegation is prima-facie against accused No.1.
5. Accordingly, accused No.2 is entitled to be released on anticipatory bail subject to necessary conditions to ensure that accused No.2 would co-operate with investigating authorities. As regards accused No.1, no case is made out. Hence, petition as regards accused No.1 is rejected and as against accused No.2 is allowed in Crime No.5/2019 for the offence punishable under Section 420 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner No.2 shall appear in person before the Investigating Officer in connection with Crime No.5/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner No.2 shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner No.2 shall physically present himself and mark his attendance before the concerned Station House Officer once in week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioner No.2 shall fully co- operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioner No.2 to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner No.2, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- Judge GJM