Karnataka High Court
Ayyanna And Ors vs The State Of Karnataka on 3 January, 2019
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETITION NO. 201494/2018
BETWEEN:
1. AYYANNA S/O BASAYYA
AGE: 50 YEARS, OCC: SERVICE
2. HANUMAPPA S/O BASAPPA
AGE: 50 YEARS, OCC: AGRI.
3. BALAYYA S/O HANUMANTH
AGE: 29 YEARS, OCC: AGRI.
4. NAGAPPA S/O HANUMAPPA
AGE: 29 YEARS, OCC: AGRI.
5. BEERAPPA S/O HANUMAPPA
AGE: 27 YEARS, OCC: AGRI.
6. PAVAN KUMAR S/O AYYANNA
AGE: 25 YEARS, OCC: AGRI.
7. GYANAPPA S/O AYYANNA
AGE: 22 YEARS, OCC: AGRI.
8. SMT.RENUKA W/O AYYANNA
AGE: 60 YEARS, OCC: AGRI.
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ALL ARE R/O KALLI VILLAGE
TQ.LINGASUGUR, DIST.RAICHUR-587101.
... PETITIONERS
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
R/BY ADDL. SPP KALABURAGI
BENCH-585107.
(THROUGH LINGASUGUR P.S.,
DIST.RAICHUR - 587101.)
... RESPONDENT
(BY SRI PRAKASH YELI, ADDL. S.P.P.)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C
PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE
PETITIONERS/ACCUSED NOS.1 TO 8 AND DIRECT
THE LINGASUGUR POLICE TO RELEASE THE
PETITIONERS/ACCUSED NOS.1 TO 8 ON BAIL IN THE
EVENT OF THEIR ARREST IN LINGASUGUR P.S.CRIME
NO.404/2018 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 406, 420 & 504 OF IPC PENDING
BEFORE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT
AT LINAGSUGUR. DIST:RAICHUR.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard learned counsel for the petitioners and the learned Addl. State Public Prosecutor.
2. This bail petition is filed under section 438 of Cr.P.C. seeking to enlarge the petitioners on bail in the event of their arrest in crime No.404/2018 of Lingasugur Police station for the offences punishable under Sections 406, 420 and 504 of IPC.
3. It is the case of the prosecution that one Smt. Eramma lodged a complaint on 11.11.2018 before the respondent-Police, in which she has alleged that the petitioner No.1 representing himself as agent of PACL India Limited Company approached seven years back and informed her husband and other villagers that they are collecting deposits of Rs.5,000/- per annum and after six years they are repaying double the amount of their investment. On such assurance, they collected Rs.5,000/- per annum from the husband of the complainant from the year 2001 and there by her husband paid Rs. 30,000/- in 4 six installments. Thereafter, when the complainant approached the petitioners for repayment of the double amount, they postponed for one or the other reason and thereafter she came to know that 29 villagers have also invested their amount with the petitioners and when they approached for repayment, the petitioners have refused to return the amount and they abused them in filthy language. On the basis of said complainant, a case has been registered against the petitioners by the respondent Police for the aforesaid offences.
4. The petitioners have stated that they are innocent and they have been involved in this case just to harass them with the political and personal motives. Petitioner Nos.5 and 8 are the agents of the PACL India Limited Company and rest of the petitioners are family members of the petitioner Nos.5 and 8. Now the PACL Company is closed down by the Security and Exchange Board of India (SEBI) for violating the SEBI Act under section 11AA of collective investment scheme and accordingly Hon'ble Apex Court has given a direction to the 5 SEBI to constitute a Committee for disposing the land purchased by the Company so that the sale proceeds can be paid to the investors. Accordingly Hon'ble Mr. Justice R. M. Lodha, the former Chief Justice of India has been nominated as Chairman of the Committee. So far, the repayment of investors' amount is under process. The payment receipts as to payments made by the petitioner Nos.5 and 8 to the PACL are with police. The case of the prosecution is based on documentary evidence and said documents are in custody of the Investigating Officer. The question of tampering the prosecution witnesses and documents does not arise. The petitioners are ready and willing to abide by any stringent conditions, if imposed by the Court and they may be enlarged on anticipatory bail.
5. It is further stated that the petitioners had filed anticipatory bail petition before the II Addl. District and Sessions Judge, at Raichur, in Criminal Misc. No.1439/2018 which came to be dismissed on 14.12.2018. 6
6. Learned counsel for the petitioners submits that the Hon'ble Apex Court has constituted the Committee for disposal of the land purchased by the Company and for the repayment of the amount invested by the investors out of the sale proceeds and the same is under progress. Learned counsel also submitted that in similar case High Court of Kerala recorded the undertaking of the police not to harass the agents since the matter is seized by the Committee constituted by the Hon'ble Apex Court.
7. Per contra, Addl. State Public Prosecutor opposes the bail petition and submits that petitioners have collected huge amount from the investors in the village and now they are refusing repayment of the said amount. On the other hand, they are threatening and intimidating the investors including the complainant. Therefore, the anticipatory bail petition be rejected.
8. The copy of the order passed by the Hon'ble Apex Court in Civil Appeal No.13301/2015 dated 02/02/2016 is produced which goes to show that the 7 Hon'ble Apex Court has constituted a Committee for disposal of the land purchased by the above company so that the sale proceeds can be paid to the investors who have invested their funds in the company. Hon'ble Mr. justice R.M.Lodha, the former Chief Justice of India, was nominated as chairman of the said Committee. The chairman is also empowered to appoint such experts or other persons, in consultation with the SEBI, so as to enable the Committee to sell the land and pay the investors in a manner that might be decided by the said Committee. However, further progress made by the said Committee is not forthcoming, at this stage, it is not known as to how much amount, the land of the Company may fetch and what amount the Committee would repay the investors. It is stated before the High Court of Kerala that the Company has collected more than Rs.49,000/- Crores from the investors.
9. Under these circumstances, petitioner Nos.5 and 8 who are admittedly the agents of the said Company have collected amount from the investors cannot be said to be not responsible, since the matter is seized by the Committee 8 constituted by the Hon'ble Apex Court. So far as petitioner Nos.1 to 4, 6 and 7 are concerned, it is stated that they are the family members of petitioner Nos.5 and 8 and investigation is pending. Though complainant has stated that petitioner No.1 has also collected the amount from her husband, at this stage, it is not made out that petitioner No.1 is also agent of the Company. However, petitioner Nos.5 and 8 have stated that they are the agents of the PACL India Limited Company. The alleged offences under section 406, 420 and 504 of IPC are not punishable either with death or life imprisonment and they are triable by the Court of JMFC.
10. Under these circumstances, I am of the considered view, that petitioner Nos.1 to 4, 6 and 7 can be enlarged on anticipatory bail under section 438 of Cr.P.C. and the bail petition filed on behalf of petitioner Nos.5 and 8 who are admittedly agents of the Company is liable to be rejected. Accordingly, I proceed to pass the following: 9
ORDER Anticipatory bail petition filed under section 438 of Cr.P.C. in respect of accused Nos.1 to 4, 6 and 7 is allowed. Anticipatory bail petition filed on behalf of petitioner Nos.5 and 8 is dismissed. Petitioner Nos.1 to 4, 6 and 7 shall be enlarged on bail in the event of their arrest by the respondent-Police in crime No.404/2018 of Lingasugur Police Station for the offences punishable under Sections 406, 420 and 504 of IPC on following conditions:
1. The petitioner Nos. 1 to 4, 6 and 7 shall appear before the Investigating Officer within ten days from the date of this order and they shall be released on executing their personal bonds for Rs.2,00,000/-
(Rupees two lakh only) each with two sureties for the like sum to the satisfaction of the Investigating Officer.
2. They shall appear before the jurisdictional Magistrate within one month from the date of this order and seek regular bail. 10
3. They shall be available for investigation as and when necessary and co-operate in the investigation.
4. They shall mark their attendance before the SHO of Lingasugur Police station on every 2nd and 4th Sunday between 10.00 a.m. and 5.00 p.m. until final report is submitted in the case.
5. They shall not threaten the prosecution witnesses in any manner.
6. They shall not leave the jurisdiction of Raichur District without express permission from the said Court.
Sd/-
JUDGE VNR