Karnataka High Court
Rajesh Kurup vs The State Of Karnataka on 5 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4759 OF 2020
BETWEEN:
Rajesh Kurup
S/o Suresh Chandra Kurup
Aged about 44 years
Rishimangala Krishna Swamy Temple
Vanchiyoor, Trivandrum
Kerala - 690 035 ... Petitioner
(By Sri Suresh.S, Advocate)
AND:
The State of Karnataka
Kumaraswamy Layout Police Station
Rep by the Public Prosecutor
High Court of Karnataka Building
Bengaluru - 560 001 ...Respondent
(By Sri R.D.Renukaradhya, 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 Cr.No.92/2020 registered by
Kumaraswamy Layout Police Station, Bengaluru for the
offence punishable under Sections 403, 404, 405, 406,
415, 417, 421, 425, 426, 120B of IPC pending on the
file of 4th Additional CCM , Bengaluru and etc.,
-2-
This Criminal Petition coming on for Orders
through video conference this day, the Court made the
following:
ORDER
This petition has been filed by the petitioner- accused No.2 under Section 438 of Cr.P.C., to enlarge him on anticipatory bail in Crime No.92/2020 of Kumaraswamy Layout Police, Bengaluru (pending on the file of learned IV Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru) for the offence punishable under Sections 403, 404, 405, 415, 417, 421, 425, 426, 120B of IPC.
2. I have heard the learned counsel Sri Suresh.S for the petitioner-accused No.2 by virtual hearing and the learned High Court Government Pleader Sri R.D.Renukaradhya for the respondent-State.
3. The gist of the case of prosecution is that the complainant company and the accused company had -3- business transaction of exporting and importing granites, marbles, sand, stone, slate, quartzite, slabs and tiles by cutting into sizes. The accused persons were working in the said company. He played a foul play along with his co-brother and mismanaged a huge amount. In that light, a complaint has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.2 that though the alleged incident has taken place in the year 2014, belatedly the complaint has been registered on 14.02.2020 that too in the form of Private complaint. It is his further submission that all the transactions are civil in nature and they have taken in USA. The alleged offences are not punishable with either death or imprisonment for life. He is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the -4- petition and to release the petitioner-accused No.2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is a large quantity of misappropriation of the amount and petitioner-accused No.2 is absconding and was not available for the purpose of investigation or interrogation. If he is released on bail, again he may indulge in similar type of criminal activities and already he cheated the general public. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On perusal of the records it indicates that there were dispute between the complainant and the accused and a case has been registered. Petitioner- -5- accused No.2 has committed the alleged offences or not is a matter to be considered and appreciated only at the time of trial. The matter appears to be civil in nature and the alleged offences are not punishable with death or imprisonment for life.
8. Taking into consideration of the facts and circumstances of the case I am of the considered opinion that if by imposing some stringent conditions, if petitioner-accused No.2 is ordered to be released on anticipatory bail, it is going to meet the ends of justice.
9. By taking above facts, I pass the following;
ORDER Petition is allowed.
In the event of arrest if petitioner-accused No.2 is ordered to be released on anticipatory bail in Crime No.92/2020 of Kumaraswamy Layout Police, Bengaluru (pending on the file of learned IV Additional Chief Judicial Magistrate, Bengaluru Rural District, -6- Bengaluru) for the offence punishable under Sections 403, 404, 405, 415, 417, 421, 425, 426, 120B of IPC with following conditions;
i) Petitioner-accused No.2 shall execute a
personal bond for a sum of
Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall surrender before the Investigating Officer within a period of 20 days from today, failing which, this order shall automatically stands cancelled.
iii) He shall not tamper with the prosecution witnesses either directly or indirectly.
iv) He shall not leave the jurisdiction of the Court without prior permission.
v) He shall mark his attendance before the Investigating Officer once in 15 days in -7- between 10.00 am to 5.00 p.m. till charge sheet is filed.
vi) He shall not indulge in any of the similar type of criminal activities during the pendency of the present case. In the event if he again involves, the trial Court is at liberty to cancel the bail.
Sd/-
JUDGE ssb