Sri C.Srinivas vs The State Of Karnataka on 7 January, 2022

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Karnataka High Court

Sri C.Srinivas vs The State Of Karnataka on 7 January, 2022

Bench: H.P. Sandesh

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 7TH DAY OF JANUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.4870/2021

BETWEEN:

SRI C SRINIVAS
S/O LATE R.CHOKKALNGAM
AGED ABOUT 46 YEARS
RESIDING AT NO.44/2, NO.27
LINGAM LANE, NEAR JP NAGAR
SINDORE CONVENTION HALL
SARAKKI, J.P.NAGAR 1ST PHASE
BENGALURU-560078.
                                               ... PETITIONER

         (BY SRI SOMASHEKHARAIAH R.P., ADVOCATE)
AND:

THE STATE OF KARNATAKA
BY J.P. NAGAR POLICE STATION
BENGALURU-560078.
                                           ... RESPONDENT

             (BY SRI R.D.RENUKARADHYA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.35/2020 REGISTERED BY
THE JAYAPRAKASH NAGAR POLICE STATION FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 406, 420, 506 READ WITH 34
OF IPC AND ETC.
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     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:

                              ORDER

This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.35/2020 registered by the Jayaprakash Nagar Police Station for the offences punishable under Sections 406, 420, 506 read with 34 of IPC.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.

3. The factual matrix of the case is that the erstwhile tenant has filed the private complaint and the matter was referred under Section 156(3) of Cr.P.C. The police have investigated the matter and filed the charge sheet against this petitioner who is erstwhile owner of the property which has been sold. The allegation against this petitioner in the complaint is that this petitioner inspite of selling of the property had entered into the rental agreement and committed fraud and breach of trust.

4. Having taken note of the factual aspects of the case, it is clear that the erstwhile tenant has filed the compliant invoking Sections 406, 420, 506 of IPC and the complaint is not filed by the subsequent purchaser and it is a matter of trial and for the investigation, the presence of the petitioner is not required and he can assist for investigation. Hence, it is appropriate to invoke Section 438 of Cr.P.C to enlarge the petitioner on bail.

5. In view of the discussions made above, I pass the following:

ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No. 35/2020 registered by the Jayaprakash Nagar Police Station for the offences punishable under Sections 406, 420, 506 read with 34 of IPC, subject to the following conditions:-

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the 4 like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.

Sd/-

JUDGE SN

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