Karnataka High Court
Bharathi vs State Of Karnataka on 28 March, 2022
Author: V. Srishananda
Bench: V. Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.1604/2022
BETWEEN:
BHARATHI,
S/O SEENIYAPPAN,
AGED ABOUT 49 YEARS,
R/AT 51, 105 FEET ROAD,
RAJUNAIDU STREET,
SIVANANDA COLONY,
COIMBATORE SOUTH, TATABAD,
COIMBATORE,
TAMILNADU STATE.
... PETITIONER
(BY SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA,
REPRESENTED BY MANGALORE
NORTH POLICE STATION,
D.K.DISTRICT.
REPRESENTED BY S.P.P.,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI.S.VISHWAMURTHY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN
CR.NO.81/2021 OF MANGALURU NORTH P.S., MANGALURU
CITY FOR THE OFFENCE P/U/S 420 OF IPC AND SECTION
10 AND 24 OF IMMIGRATION ACT ON THE FILE OF THE OF
JMFC 2ND COURT MANGALURU CITY, MANGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard Sri. Dhananjay Kumar, learned counsel for the petitioner and Sri. S. Vishwamurthy, learned High Court Government Pleader for the respondent-State. Perused the records.
2. This petition is filed under Section 438 of Cr.P.C. with the following prayer:
"Wherefore, the petitioner most humbly prays that this Hon'ble Court be pleased to allow this petition and enlarge the petitioner on bail in the event of the arrest of the Petitioner in Crime No.81/2021 registered by the Mangalore North Police Station, pending before the JMFC 2nd Court Mangalore City, Mangalore, for the offences punishable under Sections 420 of IPC and Section 10 and 24 of Immigration Act, and grant such other & further reliefs as this Hon'ble Court deems fit and proper under 3 the facts and circumstances of the case in the interest of justice."
3. The brief facts of the case are as under:
Upon a complaint lodged by Prema D' Souza, Mangalore North Police have registered a case in Crime No.81/2021 for the offences punishable under Sections 10 and 24 of the Immigration Act and Section 420 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short).
4. In the complaint, it is contended that she was in contact with Jeri Ithiel Sikha, who was running a VISA Agency and therefore, in order to secure a job she handed over a sum of Rs.2,00,000/- to the said Jeri Ithiel Sikha. However, Jeri Ithiel Sikha did not process her VISA and therefore, she approached and demanded for VISA. Sri. Jeri Ithiel Sikha avoided her calls and did not return the money nor tendered VISA and job and therefore, she lodged the complaint.
4
5. After registering the case, the police are investigating the matter. During the course of investigation, the police have arrested one Kewin Santhosh Anchan, who has in-turn given the voluntary statement whereby, he has stated that he has received money from Jeri Ithiel Sikha has been paid to Bharathi at Coimbatore. Bharathi and Prashanth are running an Authorised concern in the name of LP Career Solution. One of the partners (Prashanth) has approached the jurisdictional Court for grant of anticipatory bail, the same has been allowed by the learned District Judge. However, the attempt made by the petitioner was turned down by the learned District Judge and therefore, the petitioner is before this Court.
6. Sri. Dhananjay Kumar, learned counsel for the petitioner reiterating the grounds urged in the bail petition vehemently contended that the petitioner is the partner of LP Career Solution and has got nothing to do with the complaint of Smt. Prema D' Souza. Nevertheless, he is ready to abide by any of the conditions imposed by this Court and ready to co-operate with the Investigating 5 Agency in respect of the alleged complaint and therefore, sought for grant of anticipatory bail.
7. Learned High Court Government Pleader opposes the grant of bail.
8. This Court in the light of rival contentions, perused the materials on record meticulously.
9. Admittedly, Smt. Prema D' Souza has given the money to the hands of Jeri Ithiel Sikha, who is running an Agency in Mangalore.
10. As per the materials available on record, the Investigating Agency was able to apprehend Kewin Santhosh Anchan. He has stated that the money received by the Jeri Ithiel Sikha is paid to Bharathi in Coimbatore.
11. The matter needs to be investigated by taking the petitioner to custody. Therefore, in order to protect the rights of the petitioner and also keeping in view the custodial investigation to unearth the truth, the arrangement is to be made without further discussing on 6 the merits of the matter. Accordingly, this Court pass the following:
ORDER
1. The Criminal Petition is allowed.
2. Petitioner is directed to join the investigating Agency on 04.04.2022 before the Mangalore North Police Station at 10.00 a.m.
3. The Investigation Officer shall take the petitioner to custody and complete the custodial investigation if any, on the same day before 6.00 p.m. Thereafter, let the petitioner be on bail, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court.
4. Petitioner shall not tamper the prosecution evidence or hamper the investigation process in any manner.
5. Petitioner shall mark his attendance before the Investigating Officer on third Sunday of every month between 10.00 am and 2.00 pm., till the final report is filed.7
6. Petitioner shall not leave the district jurisdiction without prior permission.
7. Petitioner shall attend the Court regularly.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE VBS