Karnataka High Court
C S Bhaskar vs State Of Karnataka on 1 February, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.364/2022
BETWEEN:
C.S. BHASKAR,
AGED ABOUT 43 YEARS,
R/AT E 21, 2ND FLOOR,
OAKYARD APARTMENTS,
38TH CROSS, EAST END,
C MAIN ROAD,
VTC BANGALORE 560069. ...PETITIONER
(BY SRI RAKSHITH R, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY RAJAJINAGAR POLICE,
REP BY SPP,
HIGH COURT OF KARNATAKA
AT BANGALORE
AMBEDKAR VEEDHI,
BANGALORE 01. ...RESPONDENT
(BY SRI VINAYAKLA V.S., 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.84/2021 REGISTERED BY
RAJAJINAGAR POLICE STATION, BENGALURU FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 406, 465, 468, 471, 420,
120(B) READ WITH 34 OF IPC, PENDING ON THE FILE OF IV
ADDL.C.M.M., BENGALURU.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.84/2021 registered by Rajajinagar Police Station, Bengaluru, for the offence punishable under Sections 406, 465, 468, 471, 420, 120B read with 34 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that in order to get the project of Smart City Mangalore worth of Rs.22,67,00,000/-, the complainant had to provide the bank guarantee of 5% to the tune of Rs.1,13,35,000/-. Subsequently, it was reduced from 5% to 3% and the complainant approached the petitioner herein and other accused persons and all them joined together and hatched a plan and collected an amount of Rs.68,000/- as commission fee to get the bank guarantee and specific allegation is made against the petitioner and other accused persons that all 3 of them conspired with each other and collected the money and bank guarantee provided is fake bank guarantee.
4. The learned counsel for the petitioner would submit that this Court has already granted bail in favour of accused No.3 vide order dated 13.01.2022 in Crl.P.No.10166/2021 and similar allegation is made against this petitioner also that both of them received an amount of Rs.68,000/- each and hence this petitioner is also entitled for bail.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that this petitioner had collected an amount of Rs.68,000/- as commission and the bank guarantee provided is fake bank guarantee. The petitioner has approached this Court invoking Section 438 of Cr.P.C. and the amount which has been paid to the petitioner has to be recovered and his presence is required.
6. Having heard the respective learned counsel and on perusal of the material on record, particularly specific allegation is made against this petitioner that he had received an amount of Rs.68,000/- and the learned counsel for the petitioner is not disputing the fact that an amount of Rs.68,000/- is paid in 4 favour of the petitioner. The allegation is that the bank guarantee, which has been provided is a fake bank guarantee and an amount of Rs.68,000/- is collected as commission to get the bank guarantee and when such amount is collected and bank guarantee provided is fake, it is a matter of investigation and the presence of the petitioner is required for recovery of Rs.68,000/- from this petitioner and hence the petitioner is not entitled for discretion under Section 438 of Cr.P.C. and the matter has to be probed and investigated and custodial investigation is necessary. Accused No.3 was granted bail on the ground that he introduced the other accused persons in the process of getting bank guarantee and hence the said order will not come to the aid of the petitioner.
7. In view of the discussions made above, I pass the following:
ORDER The petition is rejected.
Sd/-
JUDGE MD