IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7949/2019 BETWEEN T. CHANDRAKUMAR AGED ABOUT 50 YEARS S/O LATE SRI. R. TIMMAIAH R/AT NO.90/1, 13TH CROSS IDEAL HOMES TOWNSHIP RAJARAJESHWARINAGAR BENGALURU – 560 098 (BY SRI. SAMPATH A., ADVOCATE) AND ... PETITIONER STATE OF KARNATAKA BY SHO BASAVANGUDI POLICE STATION BASAVANAGUDI BENGALURU – 560 004 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.145/2019 OF BASAVANAGUDI POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss.406, 420 R/W SEC.34 OF IPC AND SEC.76 OF THE CHIT FUNDS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-police have registered a case in Crime No.145/2019 against this petitioner and others for the offence under Section 76 of the Chit Funds Act and also under Sections 406, 420 r/w. Section 34 of IPC.
3. The Registrar of Co-operative Societies has lodged a complaint before the jurisdictional police i.e. respondent/police on the allegation that, in the year 2016-17 the petitioner and others were running a chit fund business on obtaining licence granted by the Assistant Registrar of Co-operative Societies, Bengaluru. They have collected lot of money from the customers under the chit business and they have not paid any amount to the customers and thereby they have cheated the customers at large. One Thimmegowda B Y and Raju K have been specifically mentioned as the Directors of the said Company and they appeared before the Registrar and accepted that they were due to their customers and they requested time to pay the said amount. In spite of granting time by the Assistant Registrar of Co-operative Societies, they have not paid the said amount. Therefore, narrating the names of the customers who said to have been cheated by the accused persons, a complaint came to be lodged before the police for registration of the case under Sections 76 and 77 of the Chit Funds Act, 1982. Apart from the provisions under the Chit Funds Act, the respondent- Police have also incorporated the provisions under Sections 406, 420 IPC.
4. The facts and circumstances of the case disclose that, the petitioner has produced several documents before the court to show that he has tendered his resignation from the Directorship of the Said Bhooshini Chits Private Limited on 02.11.2017. In fact a resolution has been passed by the company for having accepted the said resignation and the same has been sent to Registrar of Companies and in turn the Registrar of Companies has accepted the same and confirmed that the above said Director (this petitioner) was not associated with the said Chit Company with effect from 02.11.2012.
5. Looking to the above facts and circumstances, in my opinion, the petitioner ceased to be a Director of the said Company as on the date of the alleged offences. Hence, the relationship of the petitioner with the said company if any and any role assigned to him for collecting or disbursing any money from the customers or to that effect, there was any conspiracy between the other Directors and Managing Director has to be established during the course of investigation and trial. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail. Further added to that, it is submitted that, Accused No.1-Anand C.G. has already been released on bail by this court in Criminal Petition No.7740/2019 vide order dated 21.09.2019. Therefore, on the ground of parity, this petitioner is also entitled to be enlarged on anticipatory bail on certain conditions. Hence, the following, -
ORDER The petition is allowed. Consequently, this petitioner shall be released on bail in the event of his arrest in connection with Crime No 145/2019 of Basavanagudi Police Station, Bengaluru City, for the alleged offences, now pending on the file of 4th ACMM Court, Bangalore City subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one surety 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 he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in 15 days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*