Karnataka High Court
Shri. Prabhkar Sharma vs The State Of Karnataka on 30 August, 2023
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NC: 2023:KHC-D:9734
CRL.P No. 101705 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101705 OF 2023
BETWEEN:
1. SHRI. PRABHKAR SHARMA,
AGE: 45 YEARS,
OCC: RAILWAY EMPLOYEE,
R/O: HEENA COLONY,
NEAR ABU R. SCHOOL,
TALUK: AJMER,
DIST: RAJASTHAN -305001.
2. SMT. MAMATHA W/O. PRABHKAR SHARMA,
AGE: 31 YEARS,
OCC: HOUSEHOLD
R/O: HEENA COLONY,
NEAR ABU R. SCHOOL,
TALUK: AJMER,
CHANDRASHEKAR DIST: RAJASTHAN -305001.
LAXMAN
KATTIMANI ...PETITIONERS
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
Digitally signed by
CHANDRASHEKAR
LAXMAN THE STATE OF KARNATAKA,
KATTIMANI THROUGH HAVERI TOWN POLICE STATION,
Date: 2023.08.31 REPT. BY STATE PUBLIC PROSECUTOR,
14:44:51 +0530
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT: DHARWAD -580011.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
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NC: 2023:KHC-D:9734
CRL.P No. 101705 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO RELEASE THE PETITIONER/ACCUSED
NO.1 AND ACCUSED NO.2 ON ANTICIPATORY BAIL IN CRIME
NO.110/2020 (C.C. NO.1/2023) PENDING ON THE FILE OF
SENIOR CIVIL JUDGE AND CJM HAVERI, REGISTERED BY
HAVERI TOWN POLICE STATION FOR THE OFFENCES
PUNISHABLE U/S 420 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners who are arraigned as accused Nos.1 and 2 and who are husband and wife have filed this petition under Section 438 Cr.P.C. to grant them anticipatory bail in Crime No.110/2020 (C.C.No.1/2023) on the file of Senior Civil Judge and CJM, Haveri for the offence punishable under Section 420 of IPC.
2. In support of their petition, they have contended that petitioner No.1 is a Central Government employee working in Railways, Ajmer and as such there are no chance of he absconding. The petitioner No.2 is his wife. She is in advance stage of her pregnancy. There is no evidence to show that petitioners have received money from the complainant. Already investigation is completed -3- NC: 2023:KHC-D:9734 CRL.P No. 101705 of 2023 and charge sheet is filed and as such custodial presence of the petitioners is not required. If arrested their personal liberty would be affected. To falsely implicate the petitioners, complaint is being filed. The petitioners are ready and willing to abide by any conditions that may be imposed and prays to allow the petition.
3. Learned HCGP submitted oral objections stating that the complainant was originally a resident of Haveri. She has done ITI. The petitioners were neighbours of the complainant at Haveri. After her marriage, complainant is now residing at Bengaluru. The petitioners who are neighbours of the complainant's mother, came in contact with them. Promising to get her an employment in the Railways, accused persons demanded Rs.5,00,000/-. Initially they were paid Rs.502.95, Rs.99,505.90. Subsequently, accused have collected Rs.2,50,000/- in cash. After some time, the petitioner left the place saying that they were transferred to Bengaluru. Again they came back to Haveri and collected Rs.50,000/-. Except -4- NC: 2023:KHC-D:9734 CRL.P No. 101705 of 2023 Rs.2,50,000/-, remaining payments were through online transfer. Petitioners went on postponing the matter saying that orders are ready and they may reach the complainant soon. Ultimately they left Haveri on the pretext of petitioner No.1 getting transfer to Ajmer. Once the mother of the complainant along with petitioner No.2 went to Ajmer in search of petitioner No.1, but they could not find him. Later petitioner No.2 also left Haveri without informing the complainant and her neighbours. In this way, the petitioners have cheated the complainant in a sum of Rs.4,50,000/-. After searching for the petitioners, ultimately the complainant lodged the complaint on 20.11.2020.
3.1. Based on the complaint, investigation was commenced. Though notice was issued to the petitioners under Section 41A Cr.P.C., they have not appeared before the investigating officer for the purpose of investigation. After conducting detailed investigation, charge sheet is filed and it makes out a strong prima facie case against -5- NC: 2023:KHC-D:9734 CRL.P No. 101705 of 2023 the petitioners. The custodial presence of the petitioners is not necessary for their interrogation and prays to reject the petition.
4. Heard the arguments and perused the records.
5. It is not in dispute that the petitioner No.1 is an employee of Railways and petitioner No.2 is his wife. When the petitioner No.1 was working in Railways at Haveri, both the petitioners came in contact with the complainant being her neighbours. Since the complainant has done ITI, the petitioners offered to get her employment in Railways and demanded Rs.5,00,000/- to get the job done. Out of the said amount, they have collected in all Rs.4,50,000/- through cash as well as through online transfer. When the complainant started enquiring the petitioners about the job, they went on postponing saying that the orders are issued.
6. For a short period, petitioner No.1 got transferred to Bengaluru. Again he was transferred back to -6- NC: 2023:KHC-D:9734 CRL.P No. 101705 of 2023 Haveri. While working at Bengaluru, they even stayed in the complainant's house for 20 days. There also they collected Rs.50,000/- from the complainant. Ultimately they have left Haveri and even though the complainant along with petitioner No.2 went to Ajmer searching petitioner No.1, she could not find him. After realizing that she has been cheated by the petitioners, the complainant chose to file the complaint.
7. Even though the concerned police have issued notice under Section 41A of Cr.P.C. to the petitioners and although they have undertaken to appear and assist in the investigation, they have not turned up and have not cooperated with the investigation. After conducting detailed investigation, the concerned police have filed charge sheet. The petition filed by the petitioners seeking anticipatory bail came to be rejected by the Sessions Court. Now the petitioners are seeking anticipatory bail mainly contending that if arrested, petitioner No.1 may -7- NC: 2023:KHC-D:9734 CRL.P No. 101705 of 2023 loose his job and petitioner No.2 is in advance stage of her pregnancy.
8. To show that petitioner No.2 is carrying, the medical records namely the prescription issued by the doctors of Porwal Nursing Home, Ramganj, Ajmer and the Sonography report is produced. It states that as on 21.06.2023, petitioner No.2 is 21 weeks 5 days pregnant. Taking into consideration these aspects, this Court is of the considered opinion that the petitioner No.2 is entitled for anticipatory bail. However, having regard to the serious allegations made and petitioner No.1 being the root in promising to get employment to the complainant and extract money, this Court is of the considered opinion that petitioner No.1 is not entitled for anticipatory bail and accordingly the following:
ORDER Petition is dismiss so far as petitioner No.1/accused No.1 is concerned.
Petition is partly allowed. In the event of her arrest in Crime No.110/2020 (C.C.No.1/2023) -8- NC: 2023:KHC-D:9734 CRL.P No. 101705 of 2023 on the file of Senior Civil Judge and CJM, Haveri for the offences punishable under Section 420 of IPC, petitioner No.2/accused No.2 shall be released on bail, subject to following:
CONDITIONS
a) The petitioner No.1/accused No.2 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like- sum.
b) Petitioner No.1/accused No.2 shall furnish her residential address proof and shall inform the investigating officer/Court if there is any change in the address.
c) Petitioner No.1/accused No.2 shall not tamper with the prosecution witnesses either directly or indirectly.
d) Petitioner No.1/accused No.2 shall not indulge in any criminal activities.
e) Petitioner No.1/accused No.2 shall be regular in attending the Court proceedings.
Sd/-
JUDGE KGK / List No.: 1 Sl No.: 12