Karnataka High Court
Srinidhi. M vs The State Of Karnataka on 7 September, 2022
Author: V. Srishananda
Bench: V. Srishananda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.8144/2022
BETWEEN:
SRINIDHI.M,
S/O. MADHUSUDHAN,
AGED ABOUT 27 YEARS,
R/AT NO.90, 10TH CROSS,
VIDYAMANAGAR, ANDRAHALLI,
BENGALURU NORTH,
BENGALURU,
KARNATAKA-560 091.
... PETITIONER
(BY SRI.PRASANNA.D.P, ADVOCATE)
AND:
THE STATE OF KARNATAKA
RAJAJINAGARA POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. H.S. SHANKAR, 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.110/2021
(C.C.NO.32139/2021) OF RAJAJINAGAR POLICE STATION,
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BENGALURU FOR THE OFFENCE PUNISHABLE UNDER
SECTION 143, 147, 365, 323, 344, 384, 403, 417, 420, 506
READ WITH 149 OF IPC ON THE FILE OF THE IV ACMM,
BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard Sri. S.Raghunatha Gowda, learned counsel for the petitioner and Sri. H.S.Shankar, learned High Court Government Pleader for respondent.
2. The statement of objections filed by learned High Court Government Pleader is taken on record.
3. The present petition is filed by accused No.1 under Section 438 of the Cr.P.C. with the following prayer;
"The petitioner above named prayed that this Hon'ble Court be pleased to enlarge the petitione on anticipatory bail under Section 438 of the code of criminal procedure code and directed to respondent police in the event of his arrest release the accused on bail in (crime No.110/2021) CC.32139/2021 on Rajajinagara Police Station offences punishable under Sections 143, 147, 365, 323, 344, 384, 403, 417, 420, 506 read with 149 3 of Indian penal code pending on the file IV Additional Chief Metropolitan Magistrate at Bengaluru in the interest of justice".
4. Brief facts of the case are as under:
On 25.05.2017 the petitioner and others have kidnapped the complainant, assaulted him grievously and kept him under home arrest for about 3 to 4 months with dishonest intention in order to cheat and gain money illegally by registering the self acquired property of the complainant by forcibly taking the file pertaining to the house of Rajarajeshwarinagar. Hence, a complaint was lodged.
5. Upon a complaint lodged by Sri. Satish, son of Sri.G.T. Giriyappa, the Rajajinagar police registered a case in Crime No.110/2021 on 12.09.2021 for the offences punishable under Sections 506, 143, 147, 149, 365, 384, 403, 420, 323, 324, 344, 417 of Indian Penal code.
6. After registering the case, the police are investigating the matter. The present petitioner is not 4 available to the investigating agency despite his bail request is rejected by the learned Sessions Judge.
7. Learned counsel for the petitioner today filed a memo before this Court stating that the co-accused persons have been granted bail by the Sessions Judge, therefore, on the ground of parity, the present petitioner is also entitled to be granted anticipatory bail.
8. The gist of the complaint averments reveal that the complainant has been confined in a room on 25.05.2017 and he has been assaulted mercilessly and obtained signatures on the blank papers and thereby he has been cheated and the said blank papers has been misused whereby the petitioner is put to material loss besides being physically assaulted.
9. There is a belated complaint and police after thorough investigation filed a charge sheet and the present petitioner is shown as absconding accused person as per the charge sheet.
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10. Learned counsel for the petitioner submit that he was not aware of the pendency of the criminal case and soon after he came to know about the case, he applied for grant of bail which was turned down by the learned Sessions Judge and sought for grant of anticipatory bail by this Court.
11. Learned High Court Government Pleader opposes the grant of bail on the ground that the petitioner has been shown as absconding accused.
12. Perused the material on record in the light of rival contentions of the parties.
13. Admittedly, there is a huge delay in lodging the complaint. More over the co-accused persons has been granted bail by the learned Sessions Judge. Further, having regard to the nature of allegations made against the petitioner, his signatures and other material particulars have to be obtained by the investigation agency while accused is in custody. At the same time, the custodial 6 investigation need not be dragged on in the guise of taking sample signatures etc and therefore, right of the accused- petitioner is also to be protected.
14. Accordingly, if the accused person is directed to join investigation and custodial investigation is completed in a time frame and thereafter petitioner is directed to be enlarged on bail the ends of justice would be met.
Hence, the following:
ORDER i. The Criminal Petition is allowed.
ii. Petitioner/accused No.1 is directed to join the investigation by appearing before the Investigating Officer i.e. Rajajinagar Police Station on 19.09.2022 at 10.00 a.m. iii. The investigating officer is at liberty to take the accused petitioner to custody and complete the custodial investigation on the same day before 5.00 p.m. and thereafter enlarge the accused 7 petitioner on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum. If any material is extracted/investigated through the custodial investigation, the investigating officer is at liberty to file a supplementary/additional charge sheet as contemplated under Section 173(8) of Cr.P.C.
iv. Petitioner shall not directly or indirectly tamper the prosecution witnesses.
v. Petitioner shall attend the Court regularly. vi. Petitioner shall not leave the jurisdiction of Bengaluru District without prior permission Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE AG