Allowed

Sri Pavan Prakyath v. State of Karnataka

Karnataka HC7 Nov 2023CRL.P/10892/2023

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner accused in a case under Sections 406, 420, 506 IPC and sections 21(1)-(3) of BUDS Act, 2019, noting that a coordinate bench had stayed the entire criminal proceedings initiated against the accused.

What did the court decide?

Petitioner was enlarged on bail in Crime No.215/2023 subject to conditions: executing personal bond of Rs.1 lakh with one surety, appearing regularly at trial court, not interfering with witnesses, an

Sri Pavan Prakyath Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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NC: 2023:KHC:39744 CRL.P No. 10892 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 10892 OF 2023

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BETWEEN:

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SRI PAVAN PRAKYATH S/O CHALAPATHI VUPPARAPATI AGED ABOUT 36 YEARS R/AT NO.195, BALAJI SADAN 9TH CROSS, CIL LAYOUT CHOLANA RT NAGAR BENGALURU CITY KARNATKA - 560 032.

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…PETITIONER

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(BY SRI SIDDHARTH SUMAN, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY STATION HOUSE OFFICER HEBBAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING VIDHANA VEEDHI BENGALURU - 560 001.

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J. THILAK KUMAR S/O JAYARAM MAJOR IN AGE R/AT NO. 983, 2KC, HEBR LAYOUT, KALIAN NAGARA BENGALURU CITY KARNATAKA - 560 043.

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…RESPONDENTS

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(BY SRI RAHUL K RAI, HCGP FOR R-1; SERVICE IS AWAITED IN R/O R-2)

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NC: 2023:KHC:39744 CRL.P No. 10892 of 2023

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THIS CRL.P FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.215/2023 FOR THE OFFENCE P/U/S 406, 420, 506 AND 34 OF IPC AND SEC. 21(1), 21(2), 21(3) OF BUDS ACT, REGISTERED BY THE HEBBAL POLICE STATION, PENDING ON THE FILE OF THE HONBLE 3RD ADDITIONAL CHIEF METROPOLITAN MAGISTRATE (3ACMM), BENGALURU. THE PRINCIPAL CITY CIVIL AND SESSOINS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITION ON 17.10.2023 IN CRL.MISC.NO.9776/2023.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused No.1 in Crime No.215/2023 registered by the Hebbal Police Station, Bengaluru City for the offences punishable under Sections 406, 420, 506 R/w 34 of IPC and 21(1), 21(2), 21(3) of Banning of Unregistered Deposit Schemes Act, 2019 is before this Court seeking regular bail.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

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On the basis of complaint dated 22.09.2023 lodged by J Tilak Kumar S/o Jayaram, the SHO of Hebbal Police Station, Bengaluru City had registered FIR in Crime No.215/2023 against the petitioner and another for the aforesaid offences. As per complaint averments, the complainant was introduced to accused persons by his friend and accused persons represented to him that they are

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NC: 2023:KHC:39744 CRL.P No. 10892 of 2023

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renowned contractors in Bengaluru and they had completed several building projects and they were stating a new project and for the said project they were in need of money. It is alleged that accused persons had induced the complainant to pay sum of Rs.1,18,000,00/- for the purpose of purchasing apartment in the new project and in this regard agreement of sales were also executed. It is further case of the complainant that thereafter the accused persons were not responding to his call and they were evading him. Efforts made by the complainant to contact the accused persons was in vain and therefore, he had approached the police and lodged a complaint, based on which FIR in Crime No.215/2023 was registered against accused persons by Hebbal Police Station, Bengaluru. In the said case, the petitioner was arrested on 01.10.2023.

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The bail application filed by the petitioner before the trial court in Crl.Misc.No.9776/2023 was rejected on 17.10.2023. It is under these circumstances, the petitioner is before this court.

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NC: 2023:KHC:39744 CRL.P No. 10892 of 2023

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Learner counsel appearing for the petitioner having

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reiterated the grounds urged in the petition submits that the entire proceedings in Crime No.215/2023 registered by Hebbal Police Station has been stayed by the coordinate bench of this

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Court in Crl.P.No.10148/2023 filed by accused nos.1 and 2. Learned Sessions Judge has failed to appreciate that in the said proceedings a challenge is also made for the offences which are registered against the accused persons under the provisions of Banning of Unregistered Deposit Schemes Act, 2019. Accordingly, he prays to allow the petition.

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Learned High Court Government Pleader who has opposed the bail application, however, does not dispute that the proceedings in Crime No.215/2023 registered by Hebbal Police Station has now been stayed by the coordinate bench of this Court.

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The allegation in the complaint against the accused persons is that they had induced the complainant for the purpose of investing in their project and after entering into agreement of sales with the complainant, they had not come

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NC: 2023:KHC:39744 CRL.P No. 10892 of 2023

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forward to execute necessary sale deeds even though they had

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received money from the complainant.

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Based on the averments made in the compliant, initially FIR was registered for the offence punishable under Sections 406, 420, 506 R/w 34 of IPC. Subsequently, the provisions of Banning of Unregistered Deposit Schemes Act, 2019 was also invoked against the accused persons. In a Crl.P.No.10148/2023 filed by accused nos.1 and 2 under Section 482 of Cr.P.C, a coordinate bench of this Court has stayed the entire proceedings in Crime No.215/2023. Subsequent to the dismissal of petitioner's bail application by the learned Sessions Judge, the coordinate bench of this Court has clarified that the accused have made a challenge in Crl.P.No.10148/2023 even for invoking the provisions of BUDS Act, 2019, in Crime No.215/2023. Therefore, it is clear that the entire proceedings in Crime No.215/2023 has been stayed by this Court. Under these circumstances, the petitioner has made out a prima-facie case for grant of regular bail.

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In view of the above, the petition is allowed . The petitioner is directed to be enlarged on bail in Crime

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6 - NC: 2023:KHC:39744 CRL.P No. 10892 of 2023

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No.215/2023 registered by the Hebbal Police Station,

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Bengaluru City for the offences punishable under Sections 406, 420, 506 R/w 34 of IPC and 21(1), 21(2), 21(3) of Banning of Unregistered Deposit Schemes Act, 2019, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakhs only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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NMS

Sri Pavan Prakyath v. State of Karnataka

Case brief

What is this about?

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Sri Pavan Prakyath v. State of Karnataka

Case brief

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What did the court decide?

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