Karnataka High Court
Naveen Kumar vs The State Of Karnataka on 20 April, 2022
Author: V. Srishananda
Bench: V. Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.3485/2022
C/W
CRIMINAL PETITION NOS. 3488/2022, 1727/2022,
2246/2022, 2771/2022, 3035/2022, 3088/2022,
3544/2022, 3545/2022, 3547/2022 AND
3557/2022
IN CRL.P.NO.3485/2022
BETWEEN
NAVEEN KUMAR
S/O ASHWATHAYYA,
AGED ABOUT 30 YEARS,
R/ AT VADAKUNTE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BENGALURU RURAL,
KARNATAKA-562132
...PETITIONER
(BY SRI B.SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION
BANGALORE CITY
REPRESENTED BY PUBLIC
PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560009
2
...RESPONDENT
(BY SRI RAHUL RAI.K, 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.12/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.120B, 465, 466, 468, 471, 472, 409, 420, 149 OF IPC
1860 PENDING ON THE FILE OF THE LEARNED IV ACMM,
BENGALURU.
*****
IN CRL.P.NO.3488/2022
BETWEEN
NAVEEN KUMAR
S/O ASHWATHAYYA,
AGED ABOUT 30 YEARS,
R/AT VADAKUNTE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BENGALURU RURAL,
KARNATAKA-562132
...PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION
BANGALORE CITY
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560009
...RESPONDENT
(BY SRI RAHUL RAI.K, HCGP)
3
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.14/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.120B, 465, 466, 468, 471, 472, 409, 420, R/W 149 OF
IPC ON THE FILE OF THE IV ACMM, AT BENGALURU.
*****
IN CRL.P.NO.1727/2022
BETWEEN
SRI.K.M. RAVISHANKAR
AGED ABOUT 58 YEARS
S./O LATE MALLAVEERAIAH
R/AT 4276/4, 20TH MAIN
SUBRAMANYANAGARA
A BLOCK, II STAGE
RAJAJINAGAR
BENGALURU - 560 021
PRESENTLY WORKING AS
SUPERINTENDENT
REVENUE OFFICE (SOUTH)
BDA COMPLEX, BANASHANKARI
BANGALORE
...PETITIONER
(BY SRI PRABHAKARA LAXMANA SHETTY, ADVOCATE)
AND
1. THE STATE BY
SESHADRIPURAM POLICE
BENGALURU
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU 560 001
4
2. MR. S RAMESH
C H C 6255
VIGILANCE AND
SPECIAL TASK FORCE
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
SESHADRIPURAM
BANGALORE - 560 020.
...RESPONDENTS
(BY SRI RAHUL RAI.K, 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.26/2022 OF
SESHADRIPURAM P.S., BENGALURU FOR THE OFFENCE
P/U/S.409, 465, 468, 471, 472, 420 OF IPC.
*****
IN CRL.P.NO.2246/2022
BETWEEN
SMT. RUKMINI C S
W/O. NARAYANASWAMY K C
AGED ABOUT 62 YEARS
R/AT #252, MUDUVAGALAIAH STREET
MANDIPETE, CHANNAPATANA
RAMANAGARA - 571 501
...PETITIONER
(BY SRI YOGESH G, ADVOCATE)
AND
STATE OF KARNATAKA
BY SHESHADRIPURAM POLICE STATION
BENGALURU
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
5
BENGALURU
...RESPONDENT
(BY SRI RAHUL RAI.K, HCGP)
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.20/2022 OF
SESHADRIPURAM P.S., BENGALURU FOR THE OFFENCE
P/U/S.409, 420, 465, 468, 471, 472 OF IPC PENDING ON
THE FILE OF BEFORE THE COURT OF 4TH ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE COURT AT BENGALURU.
*******
IN CRL.P.NO.2771/2022
BETWEEN
SRI B VENKATARAMANAPPA
AGED ABOUT 59 YEARS
S/O LATE BYANNA
NO.91, TCH COLLEGE ROAD
AREBIC COLLEGE POST
NAGAWARA
BENGALURU -560 045
...PETITIONER
(BY SRI RAMESHA H E, ADVOCATE)
AND
STATE OF KARNATAKA BY
SESHADRIPURAM POLICE STATION
HIGH COURT OF KARNATAKA
BENGALURU 560009
REPRESENTED BY SPP
...RESPONDENT
(BY SRI RAHUL RAI.K, HCGP)
6
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.19/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.409,420,465,468,471,472 OF IPC ON THE FILE OF THE
LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-62) IN CRL.MISC.NO.924/2022.
*******
IN CRL.P.NO.3035/2022
BETWEEN
T V VIRUPAKSHAPPA
S/O VEERABHADRAPPA,
AGED ABOUT 64 YEARS,
RESIDING AT 1261, 11TH CROSS,
I STAGE, I PHASE,
NEAR OM SHAKTHI TEMPLE,
CHANDRA LAYOUT, BENGALURU NORTH,
BENGALURU - 560072
...PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION,
BENGALURU CITY,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT COMPLEX
BENGALURU 560 025
...RESPONDENT
(BY SRI RAHUL RAI.K, 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.20/2022 OF
SESHADRIPURAM P.S., BENGALURU FOR THE OFFENCE
7
P/U/S 409, 420, 465, 468, 471, 472 OF IPC PENDING ON
THE FILE OF BEFORE THE COURT OF IV ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE COURT AT BENGALURU.
******
IN CRL.P.NO.3088/2022
BETWEEN
T V VIRUPAKSHAPPA
S/O VEERABHADRAPPA,
AGED ABOUT 64 YEARS,
RESIDING AT 1261, 11TH CROSS,
I STAGE, I PHASE,
NEAR OM SHAKTHI TEMPLE,
CHANDRA LAYOUT,
BENGALURU NORTH,
BENGALURU - 560072
...PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION,
BENGALURU CITY,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT COMPLEX
BENGALURU 560 025
...RESPONDENT
(BY SRI RAHUL RAI.K, 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.23/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S 409, 420, 465, 468, 471, 472 OF IPC PENDING ON
THE FILE OF THE IV ACMM, BENGALURU.
******
8
IN CRL.P.NO.3544/2022
BETWEEN
NAVEEN KUMAR
S/O ASHWATHAYYA,
AGED ABOUT 30 YEARS,
R/ AT VADAKUNTE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BENGALURU RURAL,
KARNATAKA-562132
...PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION
BANGALORE CITY
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560009
...RESPONDENT
(BY SRI S.VISHWAMURTHY, 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.6/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.120B, 465, 466, 468, 471, 472, 409, 420, R/W 149 OF
IPC, PENDING ON THE FILE OF THE IV ACMM, AT
BENGALURU.
9
IN CRL.P.NO.3545/2022
BETWEEN
NAVEEN KUMAR
S/O ASHWATHAYYA,
AGED ABOUT 30 YEARS,
RESIDING AT
VADAKUNTE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BENGALURU RURAL,
KARNATAKA-562132
..PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION
BANGALORE CITY
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560009
...RESPONDENT
(BY SRI S.VISHWAMURTHY, 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.4/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.120B, 465, 466, 468, 471, 472, 409, 420, R/W 149 OF
IPC, PENDING ON THE FILE OF THE IV ACMM, AT
BENGALURU.
******
10
IN CRL.P.NO.3547/2022
BETWEEN
NAVEEN KUMAR
S/O ASHWATHAYYA,
AGED ABOUT 30 YEARS,
RESIDING AT
VADAKUNTE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BENGALURU RURAL,
KARNATAKA-562132
...PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION
BANGALORE CITY
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560009
...RESPONDENT
(BY SRI S.VISHWAMURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., PRAYING TO EN9LARGE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.5/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.120B, 465, 466, 468, 471, 472, 409, 420, R/W 149 OF
IPC, PENDING ON THE FILE OF THE IV ACMM, AT
BENGALURU.
******
11
IN CRL.P.NO.3557/2022
BETWEEN
NAVEEN KUMAR
S/O ASHWATHAYYA,
AGED ABOUT 30 YEARS,
RESIDING AT
VADAKUNTE VILLAGE,
DODDABELE POST,
NELAMANGALA TALUK,
BENGALURU RURAL,
KARNATAKA-562132
...PETITIONER
(BY SRI B SIDDESWARA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY SESHADRIPURAM POLICE STATION
BANGALORE CITY
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU 560009
...RESPONDENT
(BY SRI S.VISHWAMURTHY, 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.32/2022 OF
SESHADRIPURAM P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.120B, 465, 466, 468, 471, 472, 409, 420, 201 R/W 34
OF IPC, PENDING ON THE FILE OF THE IV ACMM, AT
BENGALURU.
******
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
12
ORDER
Heard Sri Bhadravadi Siddeswara, Sri Prabhakara Laxmana Shetty, Sri Yogesh G, and Sri Ramesha H.E, learned counsel for the petitioners/accused persons and Sri S Vishwa Murthy and Sri K.Rahul Rai., learned High Court Government Pleaders for the respondent - State.
2. The details of the cases are as under:
Crl.P.No. Crime Accused No. Crl.Misc. Offences No. No. & dt.
3485/22 12/2022 A4-Naveen Kumar 1298/22 120B, 465,
& 466, 468,
14.2.22 471, 472,
409,420,
149
3488/22 14/2022 A4-Naveen Kumar 1191/22 120B, 465,
& 466, 468,
14.2.22 471, 472,
409,420,
149
1727/22 26/2022 A4- 1108/22 409, 465,
K.M.Ravishankar & 468, 471,
18.2.22 472, 420
2246/22 20/2022 A1-Rukmini C.S. 1132/22 409, 420,
& 465, 471,
14.2.22 472, 468
2771/22 19/2022 A3-B.Venkata- 924/22 & 409, 420,
ramanappa 07.2.22 465, 468,
471, 472
13
3035/22 20/2022 T.V.Virupakshappa 1022/22 409, 420,
& 465, 468,
03.02.22 471, 472
3088/22 23/2022 T.V.Virupakshappa 1027/22 409, 465,
& 468, 471,
08.02.22 472, 420
3544/22 6/2022 A4-Naveen Kumar 1253/22 120B, 465,
& 466, 468,
21.02.22 471, 472,
409, 420,
149
3545/22 4/2022 A6-Naveen Kumar 1190/22 120B, 465,
& 466, 468,
19.02.22 471, 472,
409, 420,
149
3547/22 5/2022 A4-Naveen Kumar 1255/22 120B, 465,
& 466, 468,
19.02.22 471, 472,
409, 420,
149
3557/22 32/2022 A4-Naveen Kumar 2343/22 120B, 201,
& 409, 420,
15.03.22 465, 466,
468, 471,
472, 34
3. The above petitions are filed under Section 438 of Cr.P.C. seeking grant of anticipatory bail in respect of the above referred crime numbers.
4. Brief facts of the case, which are necessary for disposal of the matters are as under:14
The petitioners have been shown as accused as depicted in the table above based on the complaint lodged by the Vigilance Officer attached to the Bengaluru Development Authority (hereinafter referred to as 'the BDA' for short) alleging the fraud in respect of BDA properties.
5. After registering the case, Sheshadripuram Police are investigating the matter. When the matter stood thus, the accused persons have approached the District Court for grant of bail which was turned down by orders dated as referred to supra. Thereafter, few of the accused persons have approached this Court and this Court by considered order dated 7.4.2022 in CRL.P. No.2528/2022 granted anticipatory bail directing such accused persons to join the investigation by appearing before the Investigating Officer and investigation is in progress.
6. Having regard to the magnitude of the matter, the custodial investigation of the petitioners are very much necessary. The petitioners are ready to cooperate with the 15 Investigating Agency by appearing before the Investigating Officer on the day that is fixed by this Court.
7. Taking note of the submissions made, if the petitioners are directed to join the investigation and custodial investigation is completed on the same day, the rights of the petitioners would be protected so also the need of the Investigating Agency would also be harmoniously balanced.
Accordingly, on the ground of parity, the petitioners are also entitled to be enlarged on bail. Hence, the following:
ORDER
1. The petitions are allowed.
2. The petitioners are directed to join the Investigating Agency on 04.05.2022 at about 09.00 a.m. in respect of Crime Nos.12, 14, 26, 20, 19, 20, 23, 6, 4, 5 and 32 of 2022, of Seshadripurm Police Station, Bengaluru.
3. Investigating agency shall take the petitioners to their custody for the purpose of custodial investigation, if any and thereafter, complete the investigation on the same day before 7.00 p.m. and enlarge them on bail by taking a 16 bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) each with two sureties each for the like-sum to the satisfaction of the trial Magistrate.
4. The petitioners shall not tamper the prosecution witnesses or hamper the investigation process in any manner.
5. The petitioners shall mark their attendance before the investigating officer every alternative Sunday between 10.00 am & 2.00 pm., till the final report is filed.
6. The petitioners shall attend the Court regularly.
7. The petitioners shall not leave the jurisdiction of the Trial Court 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 KA*