Criminal court rejected a bail petition filed under Section 439 Cr.P.C. by three accused facing charges for fraud and criminal breach of trust. The court held that despite an admission of guilt and lack of charge-sheet, the gravity of the offence precluded granting bail at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.3106/2022
BETWEEN
S/O GOVINDARAJ AGED ABOUT 36 YEARS R/AT 83/2, SAI LAKSHMI 7TH MAIN, 3RD BLOCK, 4TH STAGE
BASAVESHWARANAGARA BANGALORE - 560 079
W/O GOVINDARAJ
AGED ABOUT 54 YEARS R/AT NO.3, 1ST CROSS
AYYAPPA TEMPLE ROAD JAYARAMA REDDY LAYOUT
DR. SHIVARAMA KARANTH NAGAR BANGALORE - 560 077
3 . KIRTHANA @ KEERTHANA KIRAN W/O MANJUNATHA G AGED ABOUT 29 YEARS R/AT NO.83/2, SAI LAKSHMI 7TH MAIN, 3RD BLOCK, 4TH STAGE BASAVESHWARANAGARA BANGALORE - 560 079
...PETITIONERS
(BY SRI AMEENULLA N K, ADVOCATE)
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AND
STATE BY HENNUR POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001
… RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.72/2021 REGISTERED BY HENNUR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 406, 420, 417, 504, 506, 34 R/W SECTION 120(B) OF IPC AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking
regular bail of the petitioners in Crime No.72/2021 of Hennur Police Station, Bengaluru City for the offences punishable under Sections 406, 420, 417, 504, 506, 120B read with Section 34 of IPC.
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complainant had purchased two flats in the year 2019 for a sum of Rs.88 lakhs and these petitioners only made an arrangements to get the loan from Edelweiss Bank in order to purchase the property and introduced the other accused persons and these petitioners though agreed to deliver the possession of the property, not delivered the same and when the complainant went near the flat No.1C, one Smt. Asha claimed that the said property is belonged to her and Syndicate Bank also put the notice on flat No.2 for recovery of money and on enquiry, these petitioners agreed to refund the amount admitting their guilt and also threatened and inspite of undertaken to refund the amount, not returned the same. Based on the complaint, the case has been registered against the petitioners for the aforesaid offences.
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and the counsel submits that the petitioners are ready to abide by the conditions that may be imposed by this Court and also ready to cooperate with the Investigating Officer in the investigation and prayed to allow the petition.
the parties and also on perusal of the material available on
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record it discloses that the petitioner Nos.2 and 3 are the owners of the properties which are subject matter of the complaint and petitioner No.1 is the son of petitioner No.2 and husband of petitioner No.3 and the specific allegation against the petitioners is that they have committed fraud on the complainant selling the property for an amount of Rs.88 lakhs which was sold to one Asha and Syndicate Bank also put the notice for recovery of the amount and the said fact is not in dispute. After knowing the said fact, the complainant approached the petitioners to refund the amount which has been paid and the petitioners have agreed to repay the amount to the complainant admitting their guilt but they failed to do so. While considering the bail petition under Section 439 of Cr.P.C., the Court has to take note of the allegations made against the petitioners and here is a case invoking an offence punishable under Section 406 that is criminal breach of trust and also committed fraud on the complainant in respect of the property which has already been sold to some other person and the matter is under investigation and charge-sheet has not been filed. When such being the case, it is not a fit case to exercise the discretion in favour of the petitioners.
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following:
ORDER
The bail petition is rejected. The petitioners are
at liberty to approach this Court after filing of the
charge-sheet.
Sd/JUDGE
SN
2 issues framed by the court
Whether to enlarge bail under Section 439 Cr.P.C. for petitioners accused of fraud and criminal breach of trust.
Whether the plea of admission of guilt without repayment justifies rejecting bail before the filing of the charge-sheet.
1 provisions across 1 enactments
Manjunatha G
Varalakshmi
Kirthana Keerthana Kiran
State
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
