Karnataka High Court
Ravindranath B L vs The State Of Karnataka on 17 June, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JUNE, 2014
BEFORE:
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
CRL. P. NO. 3270/2014 C/w CRL.P. NO.3271/2014 &
CRL.P. NO.3272/2014
BETWEEN:
In Crl. P. No. 3270/2014
1. Ravindranath B.L.
S/o Sri. Late B.L. Lakshmegowda,
Aged about 44 years,
Managing Director,
M/s. Green Buds Agro Farms Ltd.,
Madwesha Complex, Nazarabad,
Mysore City - 570 001.
2. Gayathri D/o B.K. Narasimhegowda,
Aged about 37 years,
Accounts Assistant,
M/s. Green Buds Agro Farms Ltd.,
Madwesha Complex, Nazarabad,
Mysore City - 570 001. ... Petitioners
(By Sri. Muragendra B. Tubake, Adv. for
Sri. Chandramouli. H.S., Adv.)
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AND:
The State of Karnataka,
By the Police of
Hagaribommanahalli
Police Station,
Bellary District-530 068. ... Respondent
(By Sri. Vijayakumar Majage, HCGP)
THIS CRIMINAL PETITION IS FILED BY THE
PETITIONERS UNDER SECTION 438 OF CODE OF
CRIMINAL PROCEDURE, PRAYING TO GRANT THEM
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST
IN CRIME NO.44/2014 OF HAGARIBOMMANAHALLI
POLICE STATION, BELLARY DISTRICT, REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
406, 409 & 420 R/W 34 I.P.C.
BETWEEN:
In Crl. P. No. 3271/2014
1. Ravindranath B.L.
S/o Sri. Late B.L. Lakshmegowda,
Aged about 44 years,
Managing Director,
M/s. Green Buds Agro Farms Ltd.,
Madwesha Complex, Nazarabad,
Mysore City - 570 001.
3
2. Gayathri
D/o B.K. Narasimhegowda,
Aged about 37 years,
Accounts Assistant,
M/s. Green Buds Agro Farms Ltd.,
Madwesha Complex, Nazarabad,
Mysore City - 570 001. ... Petitioners
(By Sri. Muragendra B. Tubake, Adv. for
Sri. Chandramouli. H.S., Adv.)
AND:
The State of Karnataka,
By the Police of Hosahalli Police Station,
Bellary District-530 068. ... Respondent
(By Sri. Vijayakumar Majage, HCGP)
THIS CRIMINAL PETITION IS FILED BY THE
PETITIONERS UNDER SECTION 438 OF CODE OF
CRIMINAL PROCEDURE, PRAYING TO GRANT THEM
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST
IN CRIME NO.60/2014 OF HOSAHALLI POLICE
STATION, BELLARY DISTRICT, REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 406, 417
& 420 I.P.C.
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BETWEEN:
In Crl. P. No. 3272/2014
1. Ravindranath B.L.
S/o Sri. Late B.L. Lakshmegowda,
Aged about 44 years,
Managing Director,
M/s. Green Buds Agro Farms Ltd.,
Madwesha Complex, Nazarabad,
Mysore City - 570 001.
2. Gayathri
D/o B.K. Narasimhegowda,
Aged about 37 years,
Accounts Assistant,
M/s. Green Buds Agro Farms Ltd.,
Madwesha Complex,
Nazarabad,
Mysore City - 570 001. ... Petitioners
(By Sri. Muragendra B. Tubake, Adv. for
Sri. Chandramouli. H.S., Adv.)
AND:
The State of Karnataka,
By the Police of
Sandur Police Station,
Bellary District-530 068. ... Respondent
(By Sri. Vijayakumar Majage, HCGP)
5
THIS CRIMINAL PETITION IS FILED BY THE
PETITIONERS UNDER SECTION 438 OF CODE OF
CRIMINAL PROCEDURE, PRAYING TO GRANT THEM
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST
IN CRIME NO.80/2014 OF SANDUR POLICE STATION,
BELLARY DISTRICT, REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 406, 409,
468, 471 & 420 R/W 149 I.P.C.
THESE CRIMINAL PETITIONS COMING ON FOR,
ORDERS, THIS DAY THE COURT MADE THE
FOLLOWING:
ORDER
The above said three petitions filed by the petitioners seeking grant of anticipatory bail in the event of their arrest in connection with Crime No.44/2014 on the file of Hagaribommanahalli Police Station, Bellary District, Crime No. 60/2014 on the file of Hosahalli Police Station, Bellary District and Crime No.80/2014 on the file of Sandur Police Station, Bellary District.
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2. The first information report discloses in all the cases that, the petitioners who alleged to have collected deposits by way of installments from the complainant and other persons of like minded with an assurance that they will pay back their amount along with very attractive interests and incentives. It appears the petitioner and others have failed to keep up their promise, which led to the aggrieved persons started lodging complaints. It is seen from the records that a case has been registered at the first instance in Crime No.116/2013, 164/2013 and 165/2013 registered in Nazarabad Police Station, Mysore. The accused/petitioners were released on bail in the said cases by the III Additional Senior Civil Judge and CJM, Mysore, particularly in Crime No.116/2013 while enlarging him on bail the Court has imposed certain conditions which are as follows :
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1) He shall execute a personal bond with two solvent sureties for Rs.10.00 lakhs;
2) He shall furnish cash security of 5.00 lakhs;
3) He shall surrender his Passport to the Court;
4) He shall not leave the jurisdiction of this Court;
5) He shall furnish his address proof;
6) He shall appear before the Court regularly
failing which his interim bail shall
automatically stand cancelled and the cash security shall be forfeited to the state.
It appears subsequent to granting of bail, in several other places also the persons who are aggrieved started filing the complaints against this petitioner. It is seen that in Crime No. 166/2013 a case has been registered by Somwarpet Police Station and in fact, this Court vide its order in Crl.P. No. 6500/2013 dated 05.11.2013 granted bail to one Gayathri and the petitioner No.1 was also granted with anticipatory bail in Criminal Petition No. 4681/2013 vide orders dated 2nd August 2013. Yet 8 another order is passed by this Court on 8th May 2013 in Crl. P. No.2336/2014 granting anticipatory bail in connection with Crime No. 58/2014 on the file of the Nazarabad Police Station, Mysore City. The above said factual aspects clearly disclose that the petitioners must have collected deposits and the installments with assurance to return along with attractive interest and incentives from persons all over the State. Therefore, there are chances of the aggrieved persons filing criminal petitions at different areas.
3. It is contended in the petition that in view of the conditions imposed by the III Addl. Senior Civil Judge and CJM, Mysore that the petitioners shall not leave the jurisdiction of the Court that causing inconvenience to the petitioners to go and approach the concerned Sessions Court for grant of anticipatory bail. Therefore, under peculiar circumstances, these petitions are filed before this Court.
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4. The learned High Court Government Pleader strenuously contends that when the petitioner could execute his Vakalath in order to file a petition before the Bangalore Court he could as well send some Vakalaths to other Courts also. Therefore, first he has to approach the Sessions Court and approach this Court. Though Section 438 of Cr.P.C. creates no bar for this Court to exercise concurrent jurisdiction to grant bail. The argument of the learned High Court Government Pleader is to be accepted, but the Court can exercise the powers under peculiar circumstances of the case under Section 438 of Cr.P.C. When such conditions are imposed by the Court if he executes a vakalath so far as the other cases are concerned, the Court may take a different view that he has violated the conditions passed by it, and the Court which imposed the condition may take appropriate actions in this regard, perhaps that may be the reason the petitioners have come before the 10 High Court requesting for exercising its powers under Section 438 of Cr.P.C. But, in my opinion, the conditions imposed by the Trial Court can be relaxed at any point of time. When the petitioners are having apprehension that all over the State they had transactions with some persons, they have approach the Civil Judge and CJM, Mysore with all the materials to show that they have to attend other Courts also, they can get the said condition relaxed.
5. Therefore, I am of the opinion, for the present as the said condition is still in force, I feel that the Court can exercise the powers under Section 438 of Cr.P.C. Under the said circumstances when on similar matters on similar allegations this Court has exercised its powers under Section 438 of Cr.P.C. and granted relief to the petitioner. Therefore, I prefer to allow these petitions.
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6. Hence, the following Order :
The above said petitions are hereby allowed. The petitioners are enlarged on bail subject to the following conditions :
a) The petitioners shall be enlarged on bail in the event of their arrest in connection with Crime No.44/2014 on the file of Hagaribommanahalli Police Station, Bellary District, Crime No. 60/2014 on the file of Hosahalli Police Station, Bellary District and Crime No.80/2014 on the file of Sandur Police Station, Bellary District on executing personal bonds for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the Arresting Authority;
b) Petitioners shall co-operate with the Investigating Officer and they should place the materials before the learned CJM for relaxation of the conditions and 12 thereafter they shall appear before the Investigating Officer to assist the investigation;
c) They shall make themselves available to the Investigating Officer as and when required for the purpose of investigation of the above said cases;
d) The petitioners shall not indulge in tampering the investigation or tampering the prosecution witnesses.
With these observations these petitions are disposed of.
Sd/-
JUDGE Rbv