Karnataka High Court
Prashant S/O Laxmanarao Deshapande vs State Of Karnataka on 10 August, 2023
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NC: 2023:KHC-D:8694
CRL.P No. 101673 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101673 OF 2023
BETWEEN:
PRASHANT S/O. LAXMANRAO DESHAPANDE,
AGE ABOUT 38 YEARS
OCC: PRIVATE SERVICE,
R/O: KULEKUMATAGI
TQ: VIJAYPUR,
DIST: VIJAYPUR.
...PETITIONER
(BY SRI. SACHIN C. ANGADI, ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH KASABAPET POLICE STATION,
HUBBALLI,
CHANDRASHEKAR
LAXMAN REP. BY ITS STATE PUBLIC PROSEUCTOR,
KATTIMANI HIGH COURT OF KARNATAKA, DHARWAD.
...RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
KATTIMANI
OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE
Date: 2023.08.11
14:31:29 -0700 THE ACCUSED/PETITIONER ON ANTICIPATORY BAIL IN CRIME
NO.54/2023 REGISTERED BY KASABAPET PS, HUBBALLI, FOR
THE OFFENCES PUNISHABLE U/S 420 OF IPC, PENDING ON
THE FILE OF HON'BLE II ADDL. CIVIL JUDGE AND CJM (JR.
DIVN) AND JMFC-3 COURT, HUBBALLI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:8694
CRL.P No. 101673 of 2023
ORDER
1. This petition is filed under Section 438 Cr.P.C. by the petitioner, who is the sole accused seeking anticipatory bail in Crime No.54/2023 for the offence punishable under Section 420 IPC, contending that there is inordinate delay of 728 days in filing the complaint and no explanation is forthcoming for the delay. There is no specific allegation of overt act against the petitioner. The allegation does not attract the provisions of Section 420 IPC. Though the alleged offence is non-bailable, it is not punishable with death or imprisonment for life. Petitioner is having deep roots in the society, owing movable and immovable properties. He is ready to abide by any conditions that may be imposed and prays to allow the petition.
2. Learned HCGP submitted oral objection to the effect that promising to get job in Railways and also to get tender, petitioner/accused has collected lakhs of rupees from the complainant, his father, his uncle. In fact, he has sent false appointment letters. He has collected cell phone -3- NC: 2023:KHC-D:8694 CRL.P No. 101673 of 2023 from the complainant and others. Only after he stopped contacting them, the complainant and others realized that the petitioner/accused has cheated them and ultimately complaint came to be filed.
2.1 From the date of complaint, the petitioner is absconding. His custodial interrogation is necessary to make recovery of huge amount of money collected from the complainant and others. Whether any other persons are also cheated by him, is also required to be investigated. Having regard to the gravity of allegations made against the petitioner, he is not entitled for anticipatory bail and prays to reject the petition.
3. Heard arguments and perused the records.
4. The complainant is one Ravikumar Vaidya. According to him, he came to be acquainted with the petitioner-Prashant Deshpande through one Gangadhar Gadaveer during 2019. The petitioner represented that he knows higher officials in the railway department and that he would get 'C' group job in the railways. He also -4- NC: 2023:KHC-D:8694 CRL.P No. 101673 of 2023 represented that already he had got several persons appointed in the railways.
5. On the basis of the said representation made by the petitioner, the complainant has paid around Rs.2,50,000/- and also cell phone worth Rs.49,900/-. Petitioner has also collected Rs.98,000/- + Rs.15,000/- each from one Prashant Bagade and Shivakumar Kandkoor, Rs.1,24,000/- + Rs.15,000/- from Rudrappa Mullur, Rs.65,000/- + Rs.15,000/- each from Manjunath Pattanshetti and Gopi Saphare, Rs.45,000/- + Rs.15,000/- each from Renuka Vaidya and Sujata Vaidya, Rs.55,000/- + Rs.15,000/- from Hanumanth Jadhav, who are introduced to the accused by the complainant. The petitioner has also issued fake appointment orders/appointment letters to them.
6. Complaint further reveal that accused represented to the father of the complainant namely Manohar Vaidya that he would get railway tenders to him and collected pan card and aadhar card copies and also Rs.12,500/-. Similarly, petitioner has collected -5- NC: 2023:KHC-D:8694 CRL.P No. 101673 of 2023 Rs.45,000/- and Rs.21,400/- from Krishna Bhandare, the uncle of complainant promising to get him 'D' group job. Similarly, he has collected Rs.2,50,000/- + Rs.25,000/- each from Ishwargouda Dharamgouda, Shridhar Doddamani, Channabasavaraj Tevar, Iranna Shanwad and Ganapatigouda Shettangoudar, Rs.2,60,000/- + 25,000/- each from Manjunath Savadatti, and Rs.18,000/- from Basavaraj Yeliwal. These persons were introduced to the petitioner by the complainant. However, the petitioner has failed to either get the employment or return the money collected from them. On repeated request to return the amount to them, the petitioner absconded. After realizing that complainant and others are cheated, complaint came to be lodged by R.M.Vaidya.
7. Based on the complaint, respondent police have registered the case in Crime No.54/2023 for the offence punishable under Section 420 IPC and taken up for investigation. From the date of the complaint, the petitioner is absconding. Perusal of the complaint itself indicate the gravity of allegation made against the -6- NC: 2023:KHC-D:8694 CRL.P No. 101673 of 2023 petitioner. Having regard to the nature of offence committed, the custodial interrogation of the petitioner is very much necessary to unravel the truth. It is also necessary for the investigating officer to ascertain whether apart from the persons who are named in the complaint, the petitioner has also cheated any other persons and committed other offences. Taking into consideration these aspects, this Court is of the considered opinion that the petitioner is not entitled for anticipatory bail and accordingly, the following:
ORDER Petition filed under Section 438 Cr.P.C. by the petitioner/accused is rejected.
Sd/-
JUDGE KGK List No.: 1 Sl No.: 22