IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6938/2019 BETWEEN VAJRA KUMAR @ VAJRESH KUMAR S/O. KRISHNAPPA, AGED 45 YEARS R/AT. DOOR NO-1-18/9 MATHRASHRI NIVASA, BANGLEGUDDE, KARKALA KASABA VILLAGE KARKALA TALUK UDUPI DISTRICT – 574 104 ... PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND STATE OF KARNATAKA BY S.H.O KARKALA TOWN POLICE STATION REP.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING 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 THE EVENT OF HIS ARREST IN CR.NO.85/2019 OF KARKALA TOWN POLICE STATION, UDUPI, FOR THE OFFENCE P/U/S. 120(B), 420 R/W SECTION 34 OF IPC.
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 petitioner is arraigned as Accused No.1 in Crime No.85/2019 of Karkala Town Police Station, Udupi, for the offence punishable under Sections 120(B), 420 r/w 34 of IPC, now pending on the file of the Principal Civil Judge and JMFC, Karkala, Udupi District.
3. The case of the prosecution in brief is that, this petitioner (A1) has introduced Accused Nos.2 & 3 to the complainant and in fact, the complainant and Accused Nos.2 & 3 have entered into some understanding and in that context, Accused Nos.2 & 3 have told the complainant that they have got some gold chains and they want to sell the same to the complainant. In this context, one gold chain was actually given to the complainant, who found that the said chain was genuine one and thereafter he further transacted with Accused Nos. 2 & 3 for the purpose of securing more such gold bits. In that context, it is stated that, on 12.05.2019 the Accused Nos. 2 & 3 have showed some gold chains to the complainant and demanded for Rs.50.00 lakhs and thereafter it was negotiated to Rs.25.00 Lakhs. In fact, the complainant has paid said amount to Accused No.2-Iqbal and at that time, this petitioner was also said to have been present, counted the amount at that particular point of time and the accused persons given the said gold chains to the complainant. After some time, the complainant wanted to make ingots out of the said chains and in that context, when he got checked that those gold chains with some other goldsmith, he came to know that those chains were not actually gold chains and were fake. Therefore, in that regard it is alleged that all the accused persons have cheated the complainant.
4. According to the above said facts and circumstances, the allegation against the petitioners is that, they were got introduced by Accused No.1 to the complainant. It appears whole of the transaction taken place between Accused Nos. 2 & 3 and the complainant has to be unearthed during the course of trial and the understanding between Accused No.1 and other accused has to be established by proving that they all joined their hands for the purpose of cheating the complainant. The complainant is also not an ordinary man, because initially he checked one gold chain which he purchased as to whether it is genuine or not and he found it to be genuine. But, why he has not checked the gold articles to confirm himself whether they are genuine or fake at the time of paying money and taking those chains, is also a fact to be taken into consideration during the course of trial. Moreover, in the facts and circumstances of the case, there is no recovery from this petitioner. As the substantial recovery has already been made from Accused No.2 & 5, in my opinion, this petitioner (A1) is entitled to be enlarged on bail on certain stringent conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A1)-Vajra Kumar @ Vajresh Kumar shall be released on bail in the event of his arrest in connection with Crime No.85/2019 of Karkala Town Police Station, Udupi, for the alleged, now pending on the file of the Principal Civil Judge and JMFC, Karkala, Udupi District, subject to the following conditions:-
i) The petitioner shall surrender himself before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties 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 Udupi District without prior permission of the Court, 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 a week i.e, on every 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*