IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JANUARY, 2018 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRIMINAL PETITION No.10171/2017 Between:
Venkat Reddy S/o Dodda Absanna Allur Age: 32 years, Occ: LIC Agent R/o Abbetumkar Village Tq. & Dist. Yadgiri ... Petitioner (By Sri Gururaj Joshi & Sri Ganesh Naik, Advocates) And:
The state of Karnataka through Town Police Station, Yadgiri It’s represented by SPP High Court of Karnataka At Kalaburagi Bench – 585 103 ... Respondent (By Sri P.S.Patil, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.213/2017 of Yadigir Town Police Station, Yadgir District for the offence P/U/Sec. 417 and 420 of IPC.
This petition coming on for Orders this day, the Court made the following:-
ORDER This petition is preferred by the petitioner/accused No.2 under Section 438 of Cr.P.C., for grant of anticipatory bail in Crime No.213/2017 of Yadgiri Town Police Station, registered for the offence punishable under Sections 417 and 420 of IPC.
2. The complaint is dated 01.11.2017 registered as Crime No.213/2017. The gist of the complaint is that, accused No.1 issued advertisements inviting the prospective site purchasers to invest in the project and that as per the scheme floated by accused No.1, the members were required to pay a monthly installment of Rs.1,500/- for 65 months and that thereafter they would be conveyed a site measuring 30x40 feet in dimension. That, accordingly the complainant, his daughter and son have enrolled as members in the scheme and paid the entire 65 installments and despite their repeated attempts, accused No.1 failed to convey the site and has now fled from his home and thereby cheated the complainant and other similarly situated persons. It is complained that the accused including the present petitioner have all colluded with the intention of defrauding the gullible public.
3. It is seen that such economic offences in the name of schemes have been floated left, right and center and the people who yearn to have a roof of their own over their heads look for such opportunity and fall prey to such schemes are from the marginal and lower section of the society, who get carried away by their dreams of having a roof over their heads. They invest their hard earned money to create a security for their old age. It is this sense of having a security and dreams of the marginal section, which is exploited by such unscrupulous elements, who go under the garb of promoters, developers, ponzi schemes, chits etc., and the schemes introduced by them are made in such a manner to make it attractive and it would be within the means of such class of innocent people.
4. Though the complaint is lodged on 01.11.2017, the respondent-police have failed to arrest the accused. The matter was listed on 12.01.2018 and on enquiry, the learned Addl. SPP is unable to place before the Court the reasons for the delay in securing the accused. Hence, the Superintendent of Police was asked to be present before this Court. Pursuant to the directions, the Superintendent of Police, Yadgiri is before this Court and he would submit that the petitioner has already been arrested and that all efforts have been made to secure and arrest the other accused and that the same would be seriously pursued. Merely because the investors belong to the poorer and marginal sections, the police ought not to adopt a step motherly attitude and their investments does not count any less than the investments by the rich and affordable class.
5. The respondent-police, more particularly the Superintendent of Police, who is present before the Court is directed to expedite the investigation and prosecution of the accused. The Superintendent of Police shall file a monthly report before this Court with regard to the progress of the case.
In view of arrest of the petitioner, the petition does not survive for consideration and is accordingly rejected.
Sd/- JUDGE LG