Karnataka High Court
N Naveen vs The State By on 30 March, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
CRL.P No. 2460 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.2460 OF 2023
BETWEEN:
N NAVEEN,
S/O NARAYANA SWAMY L,
AGED ABOUT 35 YEARS,
R/AT NO.598, NIKKUNJA,
2ND CROSS, 6TH MAIN,
NAGADEVANAHALLI,
KALYANI HOUSING SOCIETY,
BHUVANESHWARI NAGAR,
BENGALURU - 560 056.
...PETITIONER
(BY SRI VISHWANATH M.P, ADVOCATE)
AND:
THE STATE BY JNANABHARATHI POLICE STATION,
BENGALURU,
REPRESENTED BY
Digitally
signed by R STATE PUBLIC PROSECUTOR,
MANJUNATHA
Location: HIGH COURT OF KARNATAKA,
HIGH COURT
OF PIN - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI V S VINAYAKA., HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.33/2023 OF JNANABHARATHI P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S.354, 323, 504,
506, 507 OF IPC PENDING ON THE FILE OF THE LEARNED 9th
ACMM, BENGALURU.
-2-
CRL.P No. 2460 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Vishwanath.M.P, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
2. The petition is filed under Section 438 of Cr.P.C with the following prayer:
"Wherefore, the petitioner/accused, above named most respectfully prays that this Hon'ble Court be pleased to enlarge the petitioner on anticipatory bail, directing the Station House Officer of Jnanabharathi Police Station, Bengaluru to release the petitioner on Bail, in the event of arrest in Crime No.33/2023, registered for the offences punishable under Sections 354, 323, 504, 506, 507 of Indian Penal Code, pending on the file of the learned 9th ACMM, Bengaluru, pending disposal of the case, in the ends of justice and equity."
3. The brief facts of the case are as under:
Upon the complaint lodged by Asha W/o Late Shreekanth, Jnanabharathi police registered a case on -3- CRL.P No. 2460 of 2023 11.02.2023 in Cr.No.33/2023 for the offences punishable under Sections 354, 323, 504, 506 and 507 of IPC.
4. The gist of the complaint averments reveal that the complainant being the resident of Jnanaganganagara, indulged in catering business. She is acquainted with the petitioner, who is the friend of her brother and used to visit the house of the complainant often. On 30.01.2021, he visited the house of the complainant and obtained a sum of Rs.5,000/- by taking the gold ornaments and pledging the same. It is contended that upto Rs.15,00,000/- (Rupees Fifteen Lakhs Only), has been taken from the complainant on different dates and on demand for the repayment, he misbehaved with the complainant and sought for action.
5. The police, after registering the case, investigated the matter. In the meantime, the petitioner approached the learned Sessions Judge for grant of anticipatory bail which was turned down by the learned Sessions Judge by order dated 06.03.2023 in Crl.Misc.No.1649/2023. Thereafter, petitioner is before this Court.
-4-CRL.P No. 2460 of 2023
6. Reiterating the grounds urged in the petition, Sri.Vishwanath M.P, learned counsel contended that the only non-bailable offence alleged against the petitioner is under Section 354 of IPC and there is belated complaint and in order to have private affair settled, a false complaint came to be lodged by the complainant against the petitioner and sought for grant of anticipatory bail.
7. Per contra, learned High Court Government Pleader opposes the bail grounds.
8. Perused the material on record meticulously.
9. On such perusal, as rightly contended by the learned counsel for the petitioner that there is a delay of more than a month in lodging the complaint. The offences alleged against the petitioner even if stands proved, are not punishable with death or life imprisonment and therefore, the gravity of the offence is reduced to considerable extent.
10. Complaint averments reveal that the petitioner is acquainted with the complainant being the friend of the complainant's brother and used to often visit the house of the complainant. The complaint averments also reveal that there -5- CRL.P No. 2460 of 2023 were financial transactions between them. Whether at all the petitioner has gone to the extent of outraging the modesty of the complainant or not cannot be decided by this Court at this stage by holding a mini trial. The same needs to be investigated thoroughly by the Investigating Agency.
11. Suffice to say that from the date of the complaint, the petitioner is absconding and therefore, investigation has crippled to considerable extent.
12. Directing the petitioner to join investigation and undergo limited period of custodial interrogation would meet the ends of justice, I pass the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) Petitioner is to directed to join the investigation by appearing before the Investigation Officer on 10.04.2023 at 10.00 a.m. Investigation Officer is at liberty to take him to custody and complete the custodial investigation on the same day before 6.00 p.m., and thereafter, enlarge the petitioner on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum.-6- CRL.P No. 2460 of 2023
(iii) Petitioner shall co-operate with the investigation agency.
(iv) Petitioner shall not tamper the prosecution witnesses.
(v) Petitioner shall attend the Court regularly.
(vi) Petitioner shall mark his attendance before the Investigation Officer during the every alternate Sunday between 10.00 am to 2.00 pm till the final report is filed.
(vii) Petitioner shall not leave the jurisdiction of the Bengaluru District without prior permission. Violation of any one of the above conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE rv List No.: 1 Sl No.: 97 CT:STK