The Karnataka High Court allowed a bail petition for anticipatory bail under Section 438 CrPC. The petitioner, accused in a Private Finance Company fraud case, was granted bail subject to conditions including personal bond, cooperation with investigation, and appearance before the Court, noting similar bail granted to a co-accused.
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.
NC: 2023:KHC:40808 CRL.P No. 4831 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4831 OF 2023
BETWEEN:
MADESH R S/O RAMASWAMY 40 YEARS R/O OPP PETROL BUNK HOSURU ROAD DENKANI KOTE KRISHNAGIRI DISTRICT TAMILNADU STATE-635001
…PETITIONER
(BY SRI. RANGASWAMY M T.,ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
STATE BY AZADNAGAR POLICE STATION DAVANAGERE REP BY PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE PIN 560001
…RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
CRL.P FILED U/S 438 CR.PC TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN THE CR.NO.14/2015 REGISTERED AZAD NAGAR POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 406, 408,
NC: 2023:KHC:40808 CRL.P No. 4831 of 2023
420 OF IPC, PENDING ON THE FILE OF III JMFC AT DAVANAGERE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused No.3 in Crime No.14/2015 registered by Azad Nagar Police Station, Davanagere for the offences punishable under Sections 406, 408, 420 of Indian Penal Code (for short hereinafter referred to as 'IPC') is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
with an assurance that he would be getting high returns for his investment and the accused persons had also offered to pay commission, if he introduces other persons to the Company for the purpose of investment. Accordingly, the complainant had initially invested Rs.1,00,000/- in the Company and he had also introduced his friends to the Company who have also invested money in the Company. According to the complainant, totally, a sum of Rs.13,00,00,000/- was invested in the Company. Subsequently, the Company has failed to keep up the promise and the assured returns were not given to the investors nor they were given the Commission as assured by the Company. It is in this background, the complainant had approached the Police and lodged complainant which had resulted in registering the F.I.R. in Crime No.14/2015 by the Azadnagar police station. Apprehending arrest in the said case, the petitioner had field Crl. Mis. No.1076/2021 before the Court of I Additional District and Sessions Judge, Davanagere which was rejected on 15.12.2021. Therefore, the petitioner is before this Court.
NC: 2023:KHC:40808 CRL.P No. 4831 of 2023
anticipatory bail by this Court in Crl.P.No.6627/2019. The petitioner herein along with accused No.2 had approached this Court in Crl.P.No.6627/2019 but the same was dismissed as not pressed as against the petitioner herein based on wrong communication by the learned counsel who was appearing for the petitioners in Crl.P.No.6627/2019. Therefore, he prays to allow the petition.
6. Per contra, the learned HCGP has opposed the bail application.
the said case, on the ground that the petitioner was apprehended during the pendency of the said petition. It is the contention of the petitioner that he was not aware of the dismissal of the earlier petition as against him. Only after issuing non bailable warrant against him by the trial Court, on verification, he came to know that the petition was dismissed
NC: 2023:KHC:40808 CRL.P No. 4831 of 2023
as not pressed insofar as he is concerned. The order sheet in C.C.No.968/2016 would reflect that all the other accused persons have been enlarged on bail. Accused No.2 as against whom similar allegations are found in the complaint as well as in the charge sheet, has been granted anticipatory bail by this Court in Crl.P.No.6627/2019 which was disposed of on 03.11.2020. Charge sheet in the present case was filed on 24.01.2017. The allegations in the charge sheet as against the petitioner and the accused No.2 are identical. The trial Court has now issued NBW against the petitioner and therefore, he is before this Court apprehending arrest in the case.
the petitioner has made out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER
The Criminal Petition is allowed .
NC: 2023:KHC:40808 CRL.P No. 4831 of 2023
The petitioner shall be released in the event of his arrest in Crime No.14/2015 registered by Azad Nagar police station, Davangere for the offence punishable under Sections 406, 408, 420 of IPC, subject to the following conditions:
i. Petitioner shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a personal bond in a sum of Rs.50,000/- [Rupees fifty thousand only] with a likesum surety.
ii. He shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner. iii. He shall furnish his residential address/contact number and shall inform the Investigating Officer/Court regarding change in the address/contact number, if any.
iv. He shall be regular in attending the Court proceedings.
SD/JUDGE
List No.: 1 Sl No.: 29
JS
3 issues framed by the court
Whether anticipatory bail be granted to the petitioner apprehending arrest in a case for cheating and criminal breach of trust.
Whether the petitioner making out a prima facie case by analogy with a co-accused who was granted bail.
What conditions precedent the Court lays for the release of the petitioner on bail.
Colour shows how this judgement treated each authority
Crl.P.No.6627/2019Referred¶30
2 provisions across 2 enactments
MADESH R S/O RAMASWAMY
STATE BY AZADNAGAR POLICE STATION DAVANAGERE
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
