Karnataka High Court
Mr. Manjunatha M. S. @ Manju vs State Of Karnataka on 4 March, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC:8914
CRL.P No. 1463 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 1463 OF 2024
BETWEEN:
MR. MANJUNATHA M.S. @ MANJU,
S/O. SRINIVASAMURTHY,
AGED ABOUT 54 YEARS,
R/AT NO. 437, 17TH CROSS,
35TH MAIN ROAD, 6TH PHASE,
J. P. NAGAR, BENGALURU SOUTH,
BENGALURU - 560 078.
...PETITIONER
(BY SRI. B.M. MOHAN KUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA,
Digitally STATE BY PUTTENAHALLI POLICE,
signed by NOW BEING INVESTIGATED BY CCB POLICE,
LAKSHMI T REPRESENTED BY STATE PUBLIC PROSECUTOR,
Location: HIGH COURT BUIDLING,
High Court BENGALURU - 560 001.
of Karnataka
...RESPONDENT
(BY SRI. RAJATH SUBRAMANYA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.384/2023 OF
PUTTENAHALLI P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S 409,419,420,465,467,468,471,120B R/W 34 OF IPC ON
THE FILE OF THE 30TH A.C.M.M BENGALURU
-2-
NC: 2024:KHC:8914
CRL.P No. 1463 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is preferred under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused No.2 on bail in crime No.384/2023 of Puttenahalli Police Station, registered for the offence punishable under Section 419, 420, 465, 467, 468, 471, 120B r/w Section 34 of IPC.
2. Heard the learned counsel for the petitioner, learned HCGP for respondent-State and perused the material on record.
3. In the complaint lodged by one Ambujakshi Nagarakatti w/o late Mahadevaiah, it is alleged that she owns a house property bearing No.439 measuring 1350 sq. feet at 6th stage, 17th Cross, J.P.Nagar, allotted to her by the BDA in the year 1981. She has only one son, who is residing abroad and she too was residing with him for some time and came to Bengaluru in the year 2017. She noticed that the original documents of her property was -3- NC: 2024:KHC:8914 CRL.P No. 1463 of 2024 stolen and therefore, filed a complaint in E-Lost website and later obtained the certified copy of the site allotment documents from the BDA. As she was intending to sell the property so as to live abroad with her son, she contacted the petitioner, a neighbor. It is alleged that the petitioner introduced her to one Bhaskar Krishna (Accused No.3) who promised to buy the property and paid an advance of Rs.10,000/- and took the copy of the sale deed, House Plan, EC and other documents from her. The said person induced the complainant to believe that he is getting loan on the property and came along with one Mahesh and Vinay (Accused Nos.4 and 5) stating that they are from the Bank and also brought one Giribabu and Abhishek (accused No.6 and 7) introducing them as the financiers. The complainant raised suspicion and later, on enquiry found that the accused persons had opened a fake bank account in her name in one Karnataka State Co-operative Apex Bank Ltd., Uttarahalli and obtained loan on the property after selling the property and transferred the amount to their accounts.
-4-
NC: 2024:KHC:8914 CRL.P No. 1463 of 2024
4. It is alleged that all the accused have colluded with each other and cheated the complainant by inducing her and opened an account in her name in one Karnataka State Co-operative Apex Bank ltd, Uttarahalli and alleged to have transferred a sum of Rs.1,11,17,250/- and Rs.37,05,750/-on 15.06.2023 and Rs.1,09,88,200/- on 06.07.2023, Rs.1,27,25,179/- on 14.08.2023.
5. The petitioner is arraigned as accused No.2 in the FIR. It is contended by the learned counsel that the petitioner is innocent and he has been falsely implicated. omnibus allegations are made against him that he has colluded with other accused persons and cheated the complainant etc.,. He contends that the petitioner was arrested on 10.01.2024 and he has been interrogated but no incriminating materials have been recovered at his instance. He further submits that the petitioner is suffering from paralysis and he requires continuous medical attention, otherwise his health will deteriorate. He submits that the offence alleged are not punishable with death or -5- NC: 2024:KHC:8914 CRL.P No. 1463 of 2024 imprisonment for life. Petitioner is not required for further interrogation. He is ready and willing to abide by any conditions. Accordingly, seeks to allow the petition.
6. Learned High Court Government Pleader has opposed the prayer for bail contending that the investigation is still under progress. He contends that if the petitioner is enlarged on bail, he may try to destroy the evidence and tamper with the prosecution witnesses. Hence, sought to dismiss the petition.
7. A Careful perusal of the complaint averments shows that the complainant was intending to sell her property and therefore, she contacted the petitioner who was a neighbor. Petitioner introduced her to accused No.3 by name Bhaskar Krishna. The subsequent allegations of introducing the complainant to other accused persons are not alleged against the petitioner. As per the complaint allegations, accused No.3 assured the complainant that he will purchase the property and paid an advance of Rs.10,000/- and received the certified copies of the -6- NC: 2024:KHC:8914 CRL.P No. 1463 of 2024 documents from her and thereafter, brought other accused persons introducing them as the Bank Manager and financers etc.,.
8. A fake account in the name of the complainant is alleged to have been opened in one Karnataka State Co-operative Apex Bank Ltd., and a huge amount is alleged to be transferred to the said account and later withdrawn by the accused person. However, omnibus allegations are made that even the petitioner has colluded with other accused persons. At this stage expect the allegation of introducing the complainant to accused No.3, there are no material placed to show that any amount was transferred to the account of the petitioner. Petitioner has been arrested and interrogated. He is said to be suffering from paralysis. The learned counsel has enclosed the medical documents to show that the petitioner suffers from left semi paralysis.
9. In the above facts and circumstances, considering that the petitioner is arrested and interrogated and he is -7- NC: 2024:KHC:8914 CRL.P No. 1463 of 2024 not required for further interrogation, the relief sought by him can be granted by imposing conditions.
Accordingly, the following:-
ORDER Petition is allowed.
Petitioner/accused No.2 in crime No.384/2023 of Puttenahalli Police Station is directed to be enlarged on bail, subject to following conditions:-
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the trial Court.
ii) Petitioner shall furnish proof of his residential address and shall inform the I.O/Court, in case of change in the address.
iii) Petitioner shall not tamper with the prosecution witnesses directly/indirectly.-8-
NC: 2024:KHC:8914 CRL.P No. 1463 of 2024
iv) Petitioner shall be available for investigation, whenever necessary.
v) Petitioner shall be regular in attending the Court proceedings.
SD/-
JUDGE VS List No.: 1 Sl No.: 16 CT:SNN