Karnataka High Court
Sri Vikram Hosamani @ Mallikarjun ... vs State Of Karnataka on 24 May, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4384/2022
BETWEEN:
SRI VIKRAM HOSAMANI
@ MALLIKARJUN HOSAMANI
S/O LATE SHIVAPPA HOSAMANI
AGED ABOUT 53 YEARS
RESIDING AT NO.905, PEBBLE BE APARTMENT
NEAR M.S.RAMAIAH HOSPITAL
DOLLARS COLONY, SADASHIVANAGARA
BENGALURU.
PRESENTLY LODGED AT CENTRAL PRISON
BENGALURU UTP NO.3988/2022.
... PETITIONER
(BY MRS. S.V.SHYLAJA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY SHO OF KONANAKUNTE POLICE STATION
(PRESENTLY INVESTIGATED BY CITY
CRIME BRANCH, COTTONPET, BENGALURU)
REPRESENTED BY HCGP
HIGH COURT BUILDING
BENGALURU-560 001. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.115/2022 REGISTERED BY KONANAKUNTE POLICE
STATION, BENGALURU FOR THE OFFENCES P/U/Ss.465, 468,
471, 419, 420 OF IPC, WHICH IS PRESENTLY PENDING ON THE
FILE OF II ADDL.C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused in Crime No.115/2022 of Konanakunte Police Station, Bengaluru City, for the offences punishable under Sections 465, 468, 471, 419 and 420 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that this petitioner has indulged in an Act of committing fraud on the general public keeping the photograph with pan card, Voter's ID, Visiting Card. When he was apprehended, there were 24 documents including mobile, laptop, hard disc, visiting cards of 3 different Company. Hence, a case has been registered for the offences punishable under Sections 465, 468, 471, 419 and 420 of IPC.
4. The learned counsel appearing for the petitioner would submit that no victims have given any complaint against this petitioner and only the police have registered a case and invoked the offences. No ingredients of the offences punishable under Sections 465, 468, 471, 419 and 420 of IPC, attract. Only a false case has been registered against the petitioner herein. The learned counsel also submits that the Trial Court has rejected the bail petition only on the ground that the petitioner is a habitual offender and one more case has been registered against him. The learned counsel would submit that the said criminal proceedings have already been quashed by this Court in Crl.P.No.6884/2021 and he is not a habitual offender.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that when he was apprehended along with him seven mobile handsets were found. Apart from that, ID Cards and the visiting 4 Cards were also found including the hard disc and HP Company laptop. This material clearly discloses that this petitioner had indulged in committing an offence of fraud on the general public.
6. Having heard the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and looking into the material available on record, particularly, the contents of the complaint and also rightly pointed out by the learned counsel for the petitioner that no victim has lodge a complaint regarding cheating of any of the general public. Such being the factual aspects of the case, I am of the opinion that it is a fit case to exercise the discretion against the petitioner under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-
ORDER The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.115/2022 of Konanakunte Police Station, Bengaluru City, for 5 the offences punishable under Sections 465, 468, 471, 419 and 420 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE cp*