IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.2306/2019 BETWEEN:
VENKATESH B.
S/O A. BALASUBRAMANYAM AGED ABOUT 59 YEARS R/AT D-102, STERLING TERRACES 100 FEET ROAD BANASHANKARI 3RD STAGE BENGALURU – 560 085 …PETITIONER (BY SRI S.SRIRANGA, ADVOCATE) AND:
STATE OF KARNATAKA BY CHENNAMMANAKERE ACHUKATTU POLICE STATION BENGALURU – 560 085 REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SMT.NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.303/2018 OF CHANNAMMANAKERE ACHUKATTU POLICE STATION, BENGALURU CITY NOW NUMBERED AS C.C.NO.33649/2018 PENDING ON THE FILE OF II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 468, 471, 473, 419. 420, 504, 506, 120B R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.303/2018 of Channammanakere Acchukattu police station. Petitioner and his wife (Accused No.1) were charge sheeted in the said case for the offences punishable under Sections 471, 468, 419, 473, 420, 504, 506, 120B read with Section 34 of IPC on the complaint of one Sri Sumanth K.R.
2. It is alleged that accused No.1 posing herself to be the High Court Advocate and CBI prosecutor lured the complainant and some others of employment in the High Court and demanded Rs.10,00,000/- for payment as gratification to the recruiting authorities. Out of that accused No.1 received Rs.4,00,000/- and the petitioner allegedly received Rs.3,00,000/- at his house. It is further alleged that balance of Rs.3,00,000/- was transferred to the account of accused No.1 from the account of complainant. Thus, accused and his wife cheated the complainant.
3. Earlier petition of the petitioner and accused No.1 in Criminal Petition No.8412/2018 was dismissed on 17.12.2018 on the ground that as per Investigating Officer’s report accused were not co-operating for the investigation.
4. The petitioner does not stand on the same footing as that of accused No.1. Now the charge sheet has been filed. The prime allegations are against accused No.1 only. Allegations against this petitioner is that he shared common intention of accused No.1 and received Rs.3,00,000/-. As per the charge sheet records, the said amount is not recovered. The major offence carries imprisonment upto seven years. The petitioner is in judicial Custody since 08.10.2018. Under the circumstances it is a fit case to grant bail.
The petition is allowed. Petitioner is granted bail in Crime No.303/2018 of Chennammanakere Acchukattu Police Station, which is now pending in C.C.No.33649/2018 on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:
1. Petitioner shall execute personal bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties in the like sum to the satisfaction of the trial Court;