Karnataka High Court
Joseph B Awale vs The State Of Karnataka on 9 March, 2023
Author: V Srishananda
Bench: V Srishananda
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CRL.P No. 850 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 850 OF 2023
BETWEEN:
JOSEPH B AWALE
AGED ABOUT 47 YEARS
S/O BIKU AWALE
R/AT NO.1041
RAJAPPA MARGA
SATHAGALLI
B ZONE SATHAGALLI
MYSURU-570019
...PETITIONER
(BY SRI. MRC MANOHAR.,ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY NAZARBAD POLICE STATION
Digitally
signed by R MYSURU CITY
MANJUNATHA REP. BY
Location: STATE PUBLIC PROSECUTOR
HIGH COURT
OF HIGH COURT COMPLEX
KARNATAKA
BENGALURU-560001.
...RESPONDENT
(BY SRI. VINAYAKA V.S, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C PRAYING TO
ENLARGE THE PETIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.213/2022 OF NAZARBAD P.S., MYSURU CITY
FOR THE OFFENCE P/U/S 420,465,468 OF IPC ON THE FILE OF
THE III JMFC, MALAVADI, MYSURU.
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CRL.P No. 850 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.M.R.C.Manohar, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
2. The petition is field under Section 438 of Cr.P.C with the following prayer:
"WHEREFORE, the petitioner, humbly prays that this Hon'ble Court be pleased to pass an Order of Anticipatory Bail & direct the Respondent Police to release the petitioner on Bail, in the event of his arrest by Nazarabad Police Station, Mysuru in Crime No.213/2022, for the offences punishable under Section 420, 465 & 468 of IPC & the case is now pending on the files of III JMFC Court, Malalavdi, Mysuru, Mysuru City, in the interest of justice."
3. The brief facts of the case are as under:
Sri.Keshwavamurthy G.K S/o Late Sri.G.D.Krishnamurthy lodged a complaint with Nazarabad
Police, Mysore, which was registered in Cr.No.213/2022, on -3- CRL.P No. 850 of 2023 22.12.2022 for the offences punishable under Sections 420, 465 and 468 of IPC against the petitioner herein.
4. The gist of the complaint averment reveals that in respect of horse and the name 'absolute star', there was an agreement that the said horse is to be shifted from Bengaluru to Mysore Racecourse for participating in race to be held in Mysore Racecourse. While so transporting the horse from Benglauru Racecourse to Mysore Racecourse, required forms were to be filled where the name of the owner and trainer of the horse is to be mentioned and agreement also envisaged to share the profit in the ratio of 50:50.
5. It is submitted that while submitting the documents, fraud has taken place inasmuch as the petitioner did not adhere to the terms of the agreement in a proper manner and he has furnished a false documents and shifted the horse from Bengaluru Racecourse to Mysore Racecourse whereby there is a cheating and sought for action.
6. After registering the case as aforesaid , the police are investigating the matter.
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7. In the meantime, attempt made by the petitioner to seek grant of anticipatory bail, he turned on by the District Judge at Mysore. Thereafter, petitioner is before this Court.
8. Sri.M.R.C.Manohar, learned counsel for the petitioner reiterating the grounds urged in the petition, vehemently contended that the dispute has arisen with regard to the sharing pattern of the profits and not with regard to the documentation and in order to quires the petitioner to agree for the lesser amount, a false criminal case has been filed against the petitioner and sought for grant of anticipatory bail.
9. Further, he also pointed out that the petitioner is a law abiding citizen and not having any criminal antecedents and therefore, he is entitled to grant of anticipatory bail and he would abide by the any conditions including joining the investigation.
10. Per contra, learned High Court Government Pleader opposes the bail grounds.
11. Perused the material on record meticulously. Admittedly there is an written argument with regard to the shifting of the horse having name 'absolute star' from -5- CRL.P No. 850 of 2023 Bengaluru Racecourse to Mysore Racecourse for participating in the race. The race is completed and the horse has also won the race.
12. Now it is only with regard to the sharing of the profit that the dispute has arisen. Irrespective of the rival contentions of the parties, fact remains that there is an agreement. If at all the petitioner has committed any breech of the agreement including forging the signature of the owner, which is to be investigated by the investigation agency and to be adjudicated by the trial judge after appropriate report is to be filed by the investigation agency.
13. It is too premature for this Court to consider the rival contentions of the parties on merits.
14. Suffice to say that the police are unable to apprehend the petitioner from the date of offence and if he is directed to join the investigation and appear before the Investigation Officer for the limited custodial investigation, the investigation process would be facilitated and also the rights of the petitioner would be protected.
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15. Accordingly, without discussing further on the merits of the matter, the following order is passed:
ORDER
(i) The Criminal Petition is allowed.
(ii) Petitioner is to appear before the Investigation Officer on 20.03.2023 at about 10.00 a.m and Investigation Officer is at liberty to take the petitioner to custody and conclude the custodial trial on the same day before 5.00 p.m.
(iii) Petitioner shall co-operate with the investigation agency including furnishing of handwriting, signature etc to the investigation officer during the period of custody.
Thereafter, the Investigation Officer is directed to release the petitioner by taking a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum.
(iv) Petitioner shall not tamper the prosecution witnesses..
(v) Petitioner shall mark his attendance before the Investigation Officer on every alternate Sunday between 10.00 am to 2.00 pm. -7- CRL.P No. 850 of 2023
(vi) Petitioner shall not leave the jurisdiction of Mysore District without prior permission.
(vii) Petitioner shall attend the Court regularly. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE rv List No.: 1 Sl No.: 51