Karnataka High Court
Dhananjaya vs State Of Karnataka on 18 January, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.103 OF 2021
BETWEEN:
DHANANJAYA
S/O. NAGAPPA,
AGED ABOUT 25 YEARS,
AGRICULTURIST,
RESIDENT OF PAVANAPURA VILLAGE,
HARAPANAHALLI TALUK,
DAVANGERE DISTRICT - 577 002.
... PETITIONER
(BY SRI AJAY PRABHU, ADV., FOR SRI SACHIN B.S.)
AND:
STATE OF KARNATAKA
P.S.I., HOLEHONNUR POLICE STATION,
BHADRAVATHI TALUK,
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
... RESPONDENT
(BY SRI R.D. RENUKARADHYA, H.C.G.P.)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF THE CODE OF CRIMINIAL PROCEDURE, 1973,
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.299 OF 2020 REGISTERED BY HOLEHONNUR POLICE
STATION, BHADRAVATHI, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 420 READ WITH SECTION 34 OF THE
INDIAN PENAL CODE, 1860.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in Crime No.299 of 2020 of Holehonnur Police Station registered for offence punishable under Section 420 read with Section 34 of the Indian Penal Code, 1860 (for short, 'the IPC').
2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent- State.
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3. One Ravi Madara has lodged the complaint alleging that on 18-11-2020 at about 11:40 a.m., one person calling himself as Ramesha called him on his mobile telling him that he got a treasure containing 3 kilograms of gold coins in his land and asked the complainant to come and take the same by paying Rs.15 lakh per kilogram. The said person repeatedly called the complainant, as such, on 20-11-2020 at about 5:30 p.m., the complainant along with his friend one Mahadeva went to Naganur Village. The person who called the complainant on his mobile, namely Ramesha as well as another person, aged about 60 years, showed yellow metal billets to the complainant and the complainant verified the same in a jewelry shop and confirmed that they were genuine. Thereafter, on 25-11-2020 at about 9:45 a.m., the complainant along with his friend Mahadeva went to Holehonnur and met Ramesha near a 4 Masjid situated at Sidlipura Road and by paying Rs.11 lakh in cash received the metal billets appearing like gold. Thereafter, the accused ran away from the spot. The present petitioner, who is arraigned as accused No.3, came to be arrested on 29-11-2020 on suspicion and at his instance, Rs.7 lakh has been recovered.
4. It is the case of prosecution that the present petitioner was also one of the accused, who along with accused No.1 cheated the complainant by receiving Rs.11 lakh from him under the guise of giving him gold coins.
5. Learned counsel for petitioner has contended that the petitioner is innocent and he has been implicated in a false case. He submits that the petitioner has no role to play and there is no nexus between the petitioner and accused No.1. He submits that even in the complaint, the 5 presence of only two accused has been mentioned and therefore, the involvement of the present petitioner in the alleged offence is doubtful. He submits that the ingredients of the offence of cheating has not been made out. He further submits that the petitioner is an Agriculturist and he is ready and willing to abide by any reasonable conditions, which may be imposed by this Court. Accordingly, he seeks to allow the petition.
6. In response, the learned High Court Government Pleader has vehemently opposed grant of bail to the petitioner contending that investigation is still in progress and from the present petitioner, a cash of Rs.7 lakh has been recovered. He submits that the petitioner is one of the accused along with other accused persons, who have cheated the complainant. He submits that in the event of the release of the petitioner, there are chances of petitioner absconding and in that event, the case of the 6 prosecution will be hampered. Accordingly, he seeks to reject the petition.
7. The complaint averments disclose that one Ramesha, who is arraigned as accused No.1, and another person, aged about 60 years, were the persons to whom the complainant handed over a cash of Rs.11 lakh. According to the prosecution, accused No.1 by assuring the present petitioner that he will be given a share in the booty, took him along with him and thereafter, said accused telephoned the complainant to come near a Masjid in Holehonnur Village and thereafter, received a cash of Rs.11 lakh from the complainant and ran away and cheated him. According to prosecution, out of the said amount, a sum of Rs.7 lakh was given to the present petitioner.
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8. As already observed, the complainant has named only the presence of two persons including accused No.1. Therefore, the participation and the role of the present petitioner in the alleged crime is a matter which has to be established by the prosecution during trial. The petitioner has been arrested and interrogated. In the said facts and circumstances and considering the punishment prescribed for the offence, now alleged to have committed by the petitioner, this Court is of the view that by imposing suitable conditions, the petitioner can be enlarged on bail. Accordingly, I pass the following ORDER The criminal petition is allowed. The petitioner- accused No.3 shall be released on bail in Crime No.299 of 2020 of Holehonnur Police Station registered for the offence punishable under Section 420 read with Section 34 of the IPC, subject to following conditions: 8
(i) Petitioner-accused No.3 shall execute a personal bond in a sum of Rs.1,00,000/-
(Rupees one lakh only) with two sureties for like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner-accused No.3 shall not tamper with the prosecution witnesses either directly or indirectly;
(iii) Petitioner-accused No.3 shall mark his attendance at the jurisdictional Police Station on 1st and 15th of every month between 10.00 a.m. and 2.00 p.m. until filing of the charge-sheet;
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(iv) Petitioner-accused No.3 shall furnish proof of his correct residential address and shall inform the Court, if there is any change in the address; and
(v) Petitioner-accused No.3 shall appear before the trial Court on all dates of hearing.
Sd/-
JUDGE kvk