Karnataka High Court
Shri. Santosh S/O Kumar Khot vs The State Of Karnataka on 5 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102158 OF 2022
BETWEEN:
SHRI. SA NTOSH S /O KU MAR KHOT
(WR ONGLY S HOWN AS
SHRI SANTOSH
S/O SADASHIV KHOA I N THE FIR )
AGE. 35 YEARS,
OCC . A IDED PR IMARY S CHOOL TEAC HER
R/O RAMA NAGAR , EXA MBA
TQ. CH IKODI, DIST . BELAGAVI-591244
...PETITIONER
(B Y S RI. CHETAN B. PA TIl, FOR SR I. SHIVRA J S . BALLOLI, A DVs .)
AND:
THE S TA TE OF KARNA TAKA
THR OUGH BA GALK OT CEN POLIC E STATION
REPR ES ENTED B Y STA TE PUBL IC PR OS ECUTOR
HIGH COUR T OF KARNA TAKA,
DHARWAD B ENCH, DHARWA D -580001
...R ESPONDENT
(B Y S RI. PRAS HA NTH V. MOGA L I, HC GP)
THIS CR IMINAL PETITIO N IS FILED U/S 438 OF
CR.P.C., S EEK ING TO AL LOW TH E PETITIO N A ND GRANT
THE PET ITIONER/ACCUS ED NO.3 ANTIC IPATOR Y BAIL IN
THE EV ENT OF HIS ARRES T IN CONNECTIO N WITH CRIME
NO.16/2022 OF BAGALKOT C EN POLIC E STA TIO N FOR THE
ALLEGED OFFENC E PU NISHABLE U/S 420 OF IPC , 1860 THE
P ETITIONER BE DIRECTED TO B E REL EASED ON BAIL BY
THE R ES PONDENT POL IC E.
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CRL.P No. 102158 of 2022
THIS CRIMI NA L PET ITION CO MI NG ON FOR ORDERS
THIS DAY, THE COURT MA DE THE FOLLOWI NG:
ORDER
This petition is filed by accused No.3 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.16/2022 of Bagalkot CEN Police Station registered for an offences punishable under Section 420 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, the petitioner and other accused were running an institution in the name and style as "Vaika Retail and Technology OPC Pvt. Ltd." and they have compelled the complainant and other people to invest money in the said institution with a false promise to double the invested amount. Believing which the complainant has invested certain amount in the said institution. It is his further submission -2- CRL.P No. 102158 of 2022 that the petitioner and other accused have collected a sum of Rs.1,52,00,000/- from several people including the complainant and thereafter they have closed/shutdown the institution without returning the amount invested by the complainant and other people. The said complaint came to be registered in Crime No.16/2022 of Bagalkot CEN Police Station for an offence punishable under Section 420 of IPC. The petitioner, who is arrayed as accused No.3 in the FIR, apprehending his arrest had filed Crl.Misc.No.370/2022 seeking anticipatory bail and the same came to be rejected by the learned Principal District and Sessions Judge Bagalkot by order dated 01.07.2022. Therefore, the petitioner is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
-3-CRL.P No. 102158 of 2022
4. It would be the contention of the learned counsel for the petitioner that, the said Vaika Retail and Technology OPC Pvt. Ltd., has been established by accused No.1 and there is no role of this petitioner in the said company. The petitioner is neither an employee nor a Director in the said company. It is his further submission that the petitioner has also invested money in the said company and accused No.1 used this petitioner to propagate the scheme of the company. The petitioner has not received any amount as alleged in the complaint from the customers. The offence alleged against the petitioner is not punishable with death or imprisonment for life. The petitioner is ready to co-operate with the police in the investigation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that, investigation is still in progress. The offence alleged against the petitioner -4- CRL.P No. 102158 of 2022 and others is Section 420 of IPC punishable with imprisonment for a term which may extent to 7 years. It is further submission that the Investigating Officer has recorded the statement of the investors namely Basavaraj Allimatti, Bahubali S. Alagur and Rani B. Alagur. It is his further submission that the petitioner along with accused No.1 cheated the investors by closing down the institution and did not return the invested money. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of the complaint FIR and the order passed by the Sessions Court.
7. As per the allegations in the complaint, the complainant and others have invested huge money of Rs.1,52,00,000/- in Vaika Ventures run by -5- CRL.P No. 102158 of 2022 accused No.1. The said Vaika Ventures has been closed and accused No.1 and others did not return the invested money to the customers as promised. As per the allegations in the complaint, the petitioner was with the accused No.1 and they instigated the investors to invest money in the Vaika Ventures. As per the submission of learned counsel for the petitioner, the petitioner is also an investor in the said Vaika Ventures and he has told regarding his investment in the said company. There is no allegation in the entire averments of the complaint that the petitioner is also a Director or an employee of the said Vaika Ventures. In the said complaint, the details of payments made by the complainant and other investors into the bank account through Phone-pay or Google-pay have been specifically mentioned. Therefore, the petitioner is not required for any custodial interrogation. The offence alleged against the petitioner is not punishable with death or imprisonment for life. The maximum punishment -6- CRL.P No. 102158 of 2022 provided for the said offence is imprisonment for seven years. Accused Nos.2 and 4, who are similarly placed to that of this petitioner/accused No.3, have been granted anticipatory bail by this Court in Criminal Petition No.102141/2022 and therefore, this petitioner is also entitled for grant of anticipatory bail on the ground of parity.
8. The main apprehension of the prosecution is that, if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses, can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER -7- CRL.P No. 102158 of 2022 The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.3 is ordered to be released on bail in the event of his arrest in Crime No.16/2022 of Bagalkot CEN Police Station subject to the following conditions:
i. The petitioner/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioner/accused No.3 shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioner/accused No.3 shall remain present before the Police Station concerned on every Sunday between 10:00am to 6:00pm and mark his presence for a period of three months or till filing of the final report whichever is earlier.
iv. The petitioner/accused No.3 shall co- operate in the investigation and make -8- CRL.P No. 102158 of 2022 himself available for interrogation whenever required.
v. The petitioner/accused No.3 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
vi. The petitioner/accused No.3 shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE kmv