Karnataka High Court
Raviteja @ Prashanth Kumar N vs State By Karnataka on 20 September, 2022
Author: K.Natarajan
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7917 OF 2022
BETWEEN
RAVITEJA @ PRASHANTH KUMAR N.
S/O. NAGARAJA DEVARU
AGED ABOUT 36 YEARS
R/AT NO.680, 'B' LAYOUT,
SHIVARATRATRESHWARANAGARA
MYSURU-574 118.
... PETITIONER
(BY SRI. N. DEENABANDHU, ADVOCATE)
AND
STATE BY KARNATAKA
CEN POLICE STATION,
SHIVAMOGGA
NOW REP. BY ITS
PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE-560 001.
... RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO RELEASE
THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.100/2019 BY THE CEN POLICE STATION,
SHIVAMOGGA, FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 406, 420, R/W 34 OF IPC. THE RESPONDENT POLICE
FURTHER ADDED SECTIONS 3, 4, 5, 6 R/W 2(1) OF PRIZE
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CHITS AND MONEY CIRCULATION SCHEMES (BANNING ACT),
1978 AND SECTION 9 OF KARNATAKA PROTECTION OF
INTEREST DEPOSITORS EXORBITANT ACT, 2004 ON THE FILE
OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM COURT,
SHIVAMOGGA, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.2 under Section 438 of Cr.P.C., for granting anticipatory bail in Crime No.100/2019 of CEN Police Station, Shivamogga, for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC').
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the basis of information of one Raghavendra, a complaint is lodged alleging before the Police on 24.07.2019, alleging that the accused No.1 being said to be the CMD of the Company in the name and style of 'Just in Deal Trading (OPC) Private 3 Limited' and other accused persons are the core committee members. The Committee members have organized programme, instigated the informant and others to invest money in the Company which will along with bonus, interest and other benefits. The accused persons assured that they will pay Rs.15,000/- if they invest Rs.11,000/- within 44 weeks. Believing the said assurance, the complainant said to be invested funds of Rs.22,000/- and Rs.11,000/- through online on 04.04.2019. After depositing the said amount, Rs.425/- has been credited to his account as profit and thereafter, he did not receive neither bonus nor interest nor his savings. Hence, the petitioner is before this Court
3. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. He was employee in the Company and has been falsely implicated in the case. There is no allegation against him. Hence, prayed for granting bail.
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4. Learned High Court Government Pleader has objected the bail petition and contended that there is prima facie case made out against the petitioner. He also promoted Accused No.1-Company and instigated people to invest their money in the said Company. He is required for the purpose of investigation. Hence, prayed for rejecting the bail petition.
5. Upon hearing the arguments and on perusal of the records, admittedly, the case was registered against accused No.1 and 6 others for the offences punishable under Sections 406 and 420 read with Section 34 of IPC. The respondent-police have further added Sections 3, 4, 5, 6 r/w Section 2(1) of Prize Chits And Money Circulation Schemes (Banning Act), 1978 and Section 9 of Karnataka Protection Of Interest Depositors Exorbitant Act, 2004. The petitioner was the employee in the said Company. The petitioner has granted bail by this Court in Crl.P.7877/2022, which came to be allowed on 15.09.2022, relating to some other crime. The main 5 accused has already been released on bail by the Magistrate Court. Considering the above said facts and circumstances of the case, if the petitioner is granted bail, no prejudice would be caused to the case of the prosecution.
6. Accordingly, the petition is allowed. The respondent - Police are directed to release the petitioner/accused No.2 on bail in the event of his arrest for the offences punishable under Sections 406 and 420 read with Section 34 of IPC, Sections 3, 4, 5, 6 r/w Section 2(1) of Prize Chits And Money Circulation Schemes (Banning Act), 1978 and Section 9 of Karnataka Protection Of Interest Depositors Exorbitant Act, 2004 registered by the respondent - Police Station in Crime No.100 of 2019, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;6
(ii) Petitioner shall surrender within 15 days from the date of receipt of the certified copy of the order;
(iii) Petitioner shall not indulge in similar offences strictly;
(iv) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(v) Petitioner shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act for getting specimen signature for the purpose of expert's opinion; and
(vi) Petitioner shall appear before the Investigating Officer once in 15 days on every 2nd and 16th of the Calendar month between 10.00 a.m. and 4.00 p.m., for a period of three months till filing of the charge-sheet whichever is earlier.
Sd/-
JUDGE SNC