Karnataka High Court
Hanamantappa Shivappa Lingadalli vs State Of Karnataka on 6 January, 2021
Author: K.Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.100030/2021
C/W.
CRIMINAL PETITION NO.100035/2021
IN CRL.P.NO.100030/2021
BETWEEN:
SHRI MAHANTGOUDA @ MAHALINGAGOUDA
PAMPAGOUDA POLICE PATIL,
AGE : 46 YEARS, OCC : EX-SERVICEMAN,
NOW FDA, R/O.CHIKKABANNIGOL,
TQ : YALBURGA, DIST : KOPPAL-577 126.
...PETITIONER
(BY SRI NEELENDRA D.GUNDE, ADVOCATE)
AND :
THE STATE OF KARNATAKA
BY UDYAMBAG POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD -580 001.
....RESPONDENT
(BY SRI.RAMESH B. CHIGARI, HCGP)
THIS PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. AND PRAYED TO ALLOW THE CRIMINAL PETITION
AND TO GRANT ANTICIPATORY BAIL AND DIRECT THE
2
RESPONDENT-POLICE TO RELEASE THE PETITIONER/
ACCUSED NO.8 ON BAIL IN THE EVENT OF HIS ARREST BY
THE RESPONDENT-POLICE IN CRIME NO.82/2019 OF
UDYAMBAG POLICE, BELAGAVI REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 417, 420 READ
WITH SECTION 34 OF IPC REGISTERED WITH 4TH J.M.F.C.,
BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.P.NO.100035/2021
BETWEEN:
SHRI HANAMANTAPPA SHIVAPPA LINGADALLI,
AGE : 32 YEARS, OCC : AGRICULTURE,
R/O.YALBURGA, TQ : YALBURGA, DIST : KOPPAL.
...PETITIONER
(BY SRI NEELENDRA D.GUNDE, ADVOCATE)
AND :
THE STATE OF KARNATAKA
BY UDYAMBAG POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD -580 001.
....RESPONDENT
(BY SRI.RAMESH B. CHIGARI, HCGP)
THIS PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. AND PRAYED TO ALLOW THE CRIMINAL PETITION
AND TO GRANT ANTICIPATORY BAIL AND DIRECT THE
RESPONDENT-POLICE TO RELEASE THE PETITIONER/
ACCUSED NO.14 ON BAIL IN THE EVENT OF HIS ARREST BY
THE RESPONDENT-POLICE IN CRIME NO.82/2019 OF
UDYAMBAG POLICE, BELAGAVI REGISTERED FOR THE
3
OFFENCES PUNISHABLE UNDER SECTIONS 417, 420 READ
WITH SECTION 34 OF IPC REGISTERED WITH 4TH J.M.F.C.,
BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS ARE COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The petitioner in Criminal Petition No.100030/2021 is accused No.8 and the petitioner in Criminal Petition No.100035/2021 is accused No.14 have filed these petitions separately under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.82/2019 registered by Udyambag Police Station, Belagavi for the offences punishable under Sections 417 and 420 read with Section 34 of IPC.
2. The case of the petitioners is that, on the complaint filed by one-Smt.Vijayalaxmi Tavanappa Desai, the police registered a case. It is alleged in the complaint that she was working as an agent in Jana Sneha Real Wealth Solution Private Limited, Belagavi from-2013. The accused Nos.1 to 20 were holding different positions by 4 working in the said company as Managing Director, Manager, Treasurer and Directors etc., They assured the agents that they will pay double the amount of deposit and got the money deposited from general public. The complainant herself kept `10,000/- as fixed deposit in her name and `5,000/- in the name of her son. But in the month of November-2016, due to demonetization the accused persons began avoiding repayment of money to its customers. But the agents of the company had collected huge amount of `91,93,716/- from the public in the form of fixed deposits and recurring deposits. But now, in the month of December-2017, accused persons locked the office of the company and fled away. Thereby they cheated the agents and customers. After registering the case, police are making attempts to arrest the accused persons. Hence, they have approached the Sessions Court by filing Criminal Miscellaneous cases, which came to be rejected. Hence, they are before this Court.
3. Learned counsel Sri Neelendra D. Gunde, appearing for the petitioners/accused Nos.8 and 14 contended that the petitioners are innocent of the alleged 5 offences. Infact they are also working in the said company till 2016 they have been not paid salaries till 2016. Therefore, both petitioners have forced to resign their jobs and the petitioner in Criminal Petition No.100030/2021 is an Ex-serviceman, after resigning the job he has secured another job in Hosapete Municipality as F.D.A. from 24.11.2016, he has nothing to do with the commission of offences. In Criminal Petition No.100035/ 2021 has also resigned the job on 26.04.2017. Petitioners/accused were also worked as Development Manager and they have not beneficiaries. The main accused persons who were the Directors of the Company, they have been already granted bail by the Court in Criminal Petition Nos.101761/2019 and 102061/2019 and one of the accused persons granted bail by the Sessions Court. These petitioners are entitled for anticipatory bail on the ground of parity. Even otherwise, the main accused persons are already granted bail by this Court, therefore, he prayed for granting anticipatory bail to these petitioners.
4. Per contra, learned HCGP Sri Ramesh B. Chigari strongly objected the bail petitions and contended that the 6 petitioners are main accused for collecting the huge amount from the public assuring that they will pay double the amount of deposit and they forwarded the same amount to the accused-Company and they are all required for the purpose of custodial interrogation. Some of the accused persons granted bail, these petitioners also cannot be considered on the same footing, therefore, he prayed for rejection of the petitions.
5. Upon considering the arguments on both side and on perusal of the complaint, which goes to show that the complainant and so many public have deposited money with the accused/company as fixed deposits, recurring deposits and pigmy etc., on the assurance given by the accused persons that they will receive the double the amount. As per complaint, due to demonetization in the month of November-2016, the accused persons stopped to paying money to its customers and they closed the office of company and escaped, thereby they cheated the public. The police have started investigation in the matter. The co-accused person i.e, accused No.3 was granted bail by this Court in Criminal Petition No.101761/2019 dated 7 25.09.2019 and accused No.9 granted bail in Criminal Petition No.102061/2019 dated 03.12.2019 and the Sessions Court granted bail to the accused Nos.13, 16 and 17 and in similar complaint this Court also already granted bail to some of accused persons i.e., accused Nos.17, 15 and 9 in Criminal Petition No.101140/2019. The allegations against the present petitioners are similar to that of the other accused persons who were already granted bail by this Court as well as Sessions Court. The petitioners are said to be the Sales Manager and Development Manager, both have employees of the accused-company. In fact, they are nothing but collection agents like the complainant. Considering the facts and circumstances of the case, though huge amount of public was involved, but these petitioners were already resigned their job and working in somewhere else. Though, the alleged offences are non-bailable, but are not punishable with death or imprisonment for life and are triable by Magistrate. Considering the facts and circumstances of the case, these petitioners are entitled for anticipatory bail considering on the ground of parity. The only apprehension of prosecution 8 regarding custody and recovery of money, if any, may be safeguarded by imposing certain conditions. Accordingly, I proceed to pass the following :
ORDER Both petitions are allowed. The respondent- Udyambag Police Station is directed to release the petitioners/accused Nos.8 and 14 on bail in the event of their arrest in Crime No.82/2019 for the alleged offences punishable under Sections 417 and 420 read with Section 34 of IPC, subject to the following conditions :
1. The petitioners/accused Nos.8 and 14 shall be released on bail on execution of the personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer/trial Court;
2. The petitioners/accused Nos.8 and 14 shall surrender themselves before the Investigating Officer within 15 days from the date of receipt of a copy of this order.9
3. The petitioners/accused Nos.8 and 14 shall not tamper the prosecution witnesses directly or indirectly.
4. The petitioners/accused Nos.8 and 14 shall appear before the Investigating Officer as and when called for.
5. The petitioners/accused Nos.8 and 14 shall be deemed to be in custody for the purpose of any interrogation and recovery under Section 27 of the Indian Evidence Act.
Sd/-
JUDGE ckk