Karnataka High Court
Lawal Desmond @ Bolaji Lawal vs The State on 18 October, 2016
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18th DAY OF OCTOBER 2016
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5780 OF 2016
BETWEEN:
LAWAL DESMOND @ BOLAJI LAWAL
S/O LAWAL
AGED ABOUT 36 YEARS
R/A NO.55, 11TH MAIN
3RD CROSS, SIDEDAHALLI MAIN ROAD
NEAR SAGAR BAKERY
SHESHADRINAGARA
BANGALORE - 560 004
... PETITIONER
(BY SRI. DILRAJ J.ROHIT SEQUEIRA, ADV.,)
AND:
THE STATE
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
BY NEW EXTENSION POLICE STATION
BANGALORE - 560 001
... RESPONDENT
(BY SRI. B. VISWESWARAIAH, HCGP)
***
THIS CRIMINAL PETITION IS FILED U/S. 439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL
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IN CR.NO. 90/2015 OF NEW EXTENSION P.S., TUMKUR
DISTRICT FOR THE OFFENCE P/U/S 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is the petition filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 420 of IPC registered by the respondent Police in Crime No.90/2015 now pending in C.C.NO.54/2016 on the file of ACJM (Sr.Dn) & CJM, Tumkur.
2. Brief facts of the prosecution case as per the averments in the complaint is that the complainant filed the complaint alleging that on 25.5.2015 he called a person bearing mobile number 9066174637, who has uploaded advertisement in OLX with respect to Honda City car bearing registration number KA-03-MK-9085, one Rubin Amani, received the telephone from the complainant and gave the number belonging to Cargo 3 Section Manager, Shubha kumari, with the mobile number 9066293167. When the complainant called the mobile number of Cargo Section Manager, Shubha Kumari, she asked the complainant to deposit Rs.4 lakhs and told him that the said car is for sale. The complainant deposited a sum of Rs.2,88,600/- on 26.5.2015 and 27.5.2015 to the ICICI bank account number 083701510316 belonging to Mode Sajjid and a sum of Rs.38,000/- on 27.5.2015 to the SBI bank account number 20213998972, 20224852667. After depositing the above said amount, the complainant sent an email to the Gmail account. On the basis of information given by the Rubin Amani and Shubha Kumari, to collect the card from the Bangalore International Airport, the complainant went to the Bangalore International Airport. On enquiry with the police at Bangalore International Airport, he realized that he has been cheated by Rubin Amani and Shubha Kumari, for a sum of Rs.3,26,600/-. On the basis of the 4 said complaint, the case came to be registered for the alleged offence.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader for the respondent-State.
4. I have perused the grounds urged in the FIR and also other materials produced along with the petition by the petitioner. The main allegation is that the present petitioner along with other accused persons cheated the complainant thereby made him to give the amount of Rs.3 lakhs and odd. After completing the investigation, charge sheet has been filed by the police for the alleged offence under Section 420 read with Section 34 of IPC. In the bail petition, it is contended by the petitioner that he is innocent of the alleged offence and are not exclusively punishable with death or imprisonment for life. The petitioner/accused No.1 is ready to abide by any of the conditions to be imposed by this Court. As 5 submitted by both the sides, now the investigation is completed and charge sheet has been filed.
5. It is no doubt true that earlier the petitioner approached this Court seeking his release on bail, but with liberty by the Court the said petition was withdrawn on the ground that he wanted to get the renewal of passport and visa. Accordingly, the said writ petition was dismissed. The alleged offence committed by the present petitioner are not exclusively punishable with death or imprisonment for life and they are triable by the Magistrate Court.
6. Accordingly, the petition is allowed. The petitioner/accused No.1 is ordered to be released on bail for the offences punishable under Section 420 read with Section 34 of IPC registered by the respondent-police in Crime No.90/2015 now pending in C.C.NO.54/2016 on the file of ACJM (Sr.Dn) & CJM, Tumkur, subject to the following conditions:-
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(i) Petitioner shall execute a
personal bond for a sum of
Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent
surety for the likesum to the
satisfaction of the concerned
Court;
(ii) Petitioner shall not directly or
indirectly tamper with any of the
prosecution witnesses; and
(iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE PB