Karnataka High Court
Vijay Anand vs State Of Karnataka on 21 January, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.299/2022
BETWEEN:
1. VIJAY ANAND
AGED ABOUT 42 YEARS
S/O CHANDRA SHEKHAR
RESIDING AT NO.4A
PANDYAN STREET
VILLIVAKKAM
CHENNAI-600107.
2. NARESH KUMAR @ NARESH
S/O PALLINI SWAMY
AGED ABOUT 21 YEARS
RESIDING AT NO.7/60
VANIYAR STREET
TIRUVALAR KANCHIPURAM DISTRICT
CHENNAI - 603312.
3. HARSHINI D/O SAMPATH
AGED ABOUT 26 YEARS
RESIDING AT NO.23, CJ COLONY
6TH STREET, ROYAPURAM
CHENNAI - 600013.
4. NIVETHA D/O KAMARAJ
AGED ABOUT 25 YEARS
2
RESIDING AT NO.9, 5TH STREET
NEW KAMRAJ NAGAR
ROYAPURAM
CHENNAI-600013. ... PETITIONERS
(BY SRI HASHMATH PASHA, SR.COUNSEL FOR
SRI SHAHIDA KHANAM J., ADVOCATE)
AND:
STATE OF KARNATAKA
BY HSR LAYOUT P.S.
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560001. ... RESPONDENT
(BY SRI KRISHNA KUMAR K.K, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
CR.NO.221/2021 REGISTERED BY HSR LAYOUT POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406 R/W. SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
'THROUGH VIDEO CONFERENCE' THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners/accused Nos.3 to 6 in Crime No.221/2021 of H S R Layout Police Station, Bengaluru District, for the offences punishable under Sections 406, 420 read with Section 34 of IPC.
3
2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent/State.
3. The factual matrix of the case is that the complainant's uncle viz., P.Krishnam Raju was introduced to one person namely Kathirvelan by two persons viz., Vijaya Bhasker Sharma and Narasimha Rao. The uncle of the complainant met Kathirvelan on 02.12.2021 and 07.12.2021 and the said Kathirvelan promised to grant a loan of Rs.100 Crores to P.Krishnam Raju at an interest of 7.2% per annum on payment of 3 months interest in advance i.e., Rs.1,81,00,000/-. The complainant's uncle transferred the above mentioned amount from his HDFC personal account to two accounts shared by the Future Crest Kathirvelan, each for Rs.90,00,000/-. Mr. Kathirvelan had promised to transfer the amount on 08.12.2021. The uncle of the complainant had issued 10 cheques each of Kotak Bank and Union Bank as personal guarantee to avail the said loan. But when the complainant tried to contact them, their mobile number were switched off. On an enquiry, it comes to 4 know that it is a fake and fraudulent Company. Hence, a case has been registered against the Company as well as the Managing Director of the Company Mr. Kathirvelan and two others.
4. The learned counsel appearing for the petitioners would submit that these petitioners are working in the said Company for salary and a case is registered against the Company as well as the Managing Director. No FIR is registered against these petitioners and only during the course of investigation these petitioners have been arraigned as accused Nos.3 to 6. The detention of the petitioners itself is illegal and the offences does not attract the offences under Section 406 of IPC i.e., committing criminal breach of trust and also any fraud. They are arrested on 09.12.2021 and in the custody and further continuing them in the custody does not arise.
5. Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that though these petitioners contending that they are the employees of the Company and one of the employee made the statement 5 that these petitioners are the active partners of the Company and these petitioners are also indulged in committing the fraud. Hence, their presence is required for further investigation.
6. Having heard the respective counsel and though the learned High Court Government Pleader contend that these petitioners are also the partners of the said Company and no material is placed before the Court in this regard. Apart from that, in the complaint, there is no any specific allegation against these petitioners and a specific allegation is against the accused No.2-Kathirvelan, who is the Managing Director of the Company. No doubt, an amount of Rs.1,80,00,000/- was recovered as advance interest since there was a promise to get Rs.100 Crores of loan. When such allegations are made against the Company as well as the Managing Director, these petitioners are claiming that these petitioners are working for salary and there is no any prima facie material to show that they are the active partners of the Company. These petitioners are in the custody from 09.12.2021. Hence, I am of the opinion that it is a fit case to exercise the powers under Section 439 of Cr.P.C., by imposing 6 the condition that these petitioners have to appear before the Investigating Officer whenever Investigating Officer directs for further investigation and also 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 petitioners/accused Nos.3 to 6 in Crime No.221/2021 of H S R Layout Police Station, Bengaluru District, for the offences punishable under Sections 406, 420 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners/accused Nos.3 to 6 shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners/accused Nos.3 to 6 shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners/accused Nos.3 to 6 shall appear before the jurisdictional Court on all the future 7 hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioners/accused Nos.3 to 6 shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against them is disposed of.
(v) The petitioners/accused Nos.3 to 6 shall
appear before the Investigating Officer
whenever they are called for further
investigation.
Sd/-
JUDGE
cp*