IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4345/2019 BETWEEN:
1. SURESH @ SATHISH S/O GANGAPPA AGED ABOUT 29 YEARS OCC: COOLIE WORK 2. NAGARAJA @ UMAPATHI S/O THIMMAPPA AGED ABOUT 32 YEARS OCC: AGRICULTURIST 3. RAVI S/O ERAPPA AGED ABOUT 30 YEARS OCC: AGRICULTURIST ALL ARE R/AT HUNASEKATTE VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT PIN: 577527. ...PETITIONERS (BY SRI S.G.RAJENDRA REDDY, ADV.) AND:
THE STATE BY S.H.O HOSADURGA POLICE STATION HOSADURGA, CHITRADURGA-DIST. REP. BY S.P.P., HIGH COURT BENGALURU-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.184/2019 OF HOSADURGA P.S., CHITRADURGA DISTRIT FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard. Perused the records.
2. The brief facts of the case are that, on 23.4.2019 the complainant met one Aruna, Son of Naranappa and Parashurama, Son of Shivaji who have told the complainant that they have gold coins with them and they have also shown one coin which was found to be a pure gold coin. On the basis of such information, on 24.4.2019, Aruna, Parashurama and Santhosh came to the shop of the complainant and Santhosh told that, a person by name Suresh told him that he found a mud pot in his land when he was digging the mud which contained about 3 Kgs of gold coins. Again he has shown two pure gold coins to the complainant. Accordingly, the complainant and his friend contacted the said persons Aruna and Santhosh and told that they will be ready with money so that they can purchase the gold coins for a sum of Rs.3 lakhs. But the said persons told that they require atleast Rs.18 lakhs for the purchase of 3 Kgs of gold coins. Thereafter, the complainant and his friend arranged for the amount of Rs.11,80,000/- and they went to Veerabhadreshwara Swamy temple at Hosadurga. The said persons i.e., Santhosh, Aruna and Parashuram asked the complainant whether they have brought the money. On answering in the affirmative, they gave a bag which is said to have contained gold coins. After taking the amount of Rs.11,80,000/-, they went away from the spot and after opening the said bag, they found that they were all fake coins. On these allegations, they have lodged a complaint before the police and the police have registered a case in Cr.No.184/2019 for the offence punishable under section 420 of IPC.
3. As rightly contended by the learned counsel, the name of the petitioners does not find any place in the First Information Report. It is the allegation that the accused persons Arun and Santhosh have only disclosed the name of the first petitioner that the gold coins were found in the land of the first petitioner while taking the mud. Therefore, at this stage, there is no allegation whatsoever against the petitioners available on record.
4. Under the above said circumstances, the bail petition deserves to be allowed with stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.184/2019 of Hosadurga Police Station, on following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute a personal bond for a sum of Rs.1 lakh (Rupees one lakh) each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/-
JUDGE Dvr: