Allowed

M/S. Bharathi Electricals v. State of Karnataka

Karnataka HC11 Mar 2024CRL.P/927/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed two connected criminal petitions for anticipatory bail. The court held that the dispute arose from professional rivalry and a pending civil suit. Petitioners were enlarged on bail subject to executing a personal bond of Rs. 50,000 and complying with specific conditions.

What did the court decide?

Petitioners were enlarged on anticipatory bail on execution of personal bond with one surety for Rs. 50,000 each subject to conditions.

M/S. Bharathi Electricals Vs State of… — Contract and Commercial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

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CRIMINAL PETITION NO. 927 OF 2024 C/W CRIMINAL PETITION NO. 859 OF 2024

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IN CRL.P.NO.927/2024:

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BETWEEN:

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M/S. BHARATHI ELECTRICALS,

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A PROPRIETORSHIP CONCERN SHOP NO.1, BUILDING NO. 10, SHAKTHI COMPLEX, BASETTYPET, OOP BATA SHOW ROOM LANE, CHICKPET, BENGALURU-560 053,

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Digitally signed by SOWMYA D Location: High Court of Karnataka

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REP. BY ITS PROPRIETORSHIP, SRI. MANOJ KUMAR SINGH, S/O. RISHPAL SINGH, AGED ABOUT 42 YEARS.

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M/S. ARYAN TRADING CO., NO. 113 AND 113A, 7^TH CROSS, 1^ST MAIN, CHAMARAJPET, BENGALURU-560 018.

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REP. BY ITS PROPRIETORSHIP, SRI. TARUN SINGH, S/O. RISHPAL SINGH, AGED ABOUT 29 YEARS.

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…PETITIONERS

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(BY SRI. KUMARA .K.G, ADVOCATE)

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NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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AND:

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STATE OF KARNATAKA, BY RAJGOPALNAGAR POLICE STATION, BENGALURU-560 018.

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(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001)

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…RESPONDENT

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(BY SRI. K. NAGESHWARAPPA, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.453/2023 (PCR NO.14620/2023) OF RAJAGOPALNAGAR POLICE STATION, WHICH IS PENDING ON THE FILE OF THE HONBLE III ADDL. CMM COURT, NRUPATUNGA ROAD, BANGALORE CITY, FOR THE OFFENCE P/.U/S 403, 406, 408, 419, 477A, 417, 506 R/W SEC. 34 OF IPC, WITH A DIRECTION TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME.

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IN CRL.P.NO.859/2024:

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BETWEEN:

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MR. H.S. VENKATESH, S/O SHIVANANJE GOWDA, AGED ABOUT 44 YEARS, WORK: DIRECTOR, SAHYADRI ELECTRO CONTROLS, (IND) PVT. LTD.

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MR. Y.B.CHANDRAPPA, S/O YAMANAPPA HILEKAL, AGED ABOUT 34 YEARS, WORK: ENGINEER, SAHYADRI ELECTRO CONTROLS (IND) PVT. LTD.

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MR. SHANKAR H.S., S/O SEENEGOWDA,

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3 - NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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AGED ABOUT 60 YEARS, WORK:CEO, SAHYADRI ELECTRO CONTROLS, (IND) PVT. LTD.

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MRS. T. CHAITHRA, W/O ANAND KUMAR K.T. AGED ABOUT 31 YEARS, WORK: PURCHASE MANAGERSAHYADRI ELECTRO CONTROLS (IND) PVT. LTD. PETITIONERS NO.1 TO 4 HAVING OFFICE AT NO.10, 1^ST CROSS, RAJAGOPALANAGAR MAIN ROAD, GANAPATHINGAR, PEENYA, 3^RD PHASE, BENGALURU PIN CODE NO:560 058.

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…PETITIONERS

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(BY SRI. RAJU .C.N, ADVOCATE)

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AND:

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STATE BY RAJGOPALNAGAR POLICE, BENGALURU, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU, PIN CODE NO:560 001. (BY SRI. K. NAGESHWARAPPA, HCGP)

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…RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.453/2023 OF RAJAGOPALNAGAR POLICE STATION, BENGALURU, ON THE FILE OF THE HON’BLE III ACMM AT BANGALORE, FOR THE OFFENCE P/.U/S 403, 406, 408, 419, 477(A), 417, 506 R/W SEC. 34 OF IPC, BY ALLOWING THIS PETITION.

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

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4 - NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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ORDER

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These two petitions are filed by the petitioners under Section 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in Rajgopal Nagar Police Station, in Cr.No.453/2023 registered for the offences punishable under Sections 403, 406, 408, 419, 477A, 417 and 506 r/w Section 34 of IPC pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru.

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The allegations of the prosecution are that complainant is the Director of the Sahyadri ElectroControls (India) Pvt Ltd., wherein accused No.1 is the partner and accused Nos.2 to 4 are employees of the said company. It is alleged that accused Nos.1 to 4 have produced fake and forged bill before Bharat Electronics and Aryan Trading Company and purchased electrical spare parts by giving false information by purchasing the goods to the tune of Rs.1,25,00,000/- thereby caused loss to the company. It is also alleged that the petitioners have also misused the email account of the complainant while

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5 - NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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doing the business without the knowledge and permission of the complainant. Hence, he filed a private complaint against the petitioners. Accused Nos.1 to 4 have filed a petition in Crl.P..No.859/2024 while accused Nos.5 & 6 have filed a petition in Crl.P.No.927/2024 seeking anticipatory bail.

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Heard the learned counsels appearing for

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petitioners and learned HCGP. Perused the records.

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The allegations of the complaint disclose that

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the petitioners have misappropriated the company funds. However, it is the specific contention of the petitioners that complainant himself has resigned from the company on 04.10.2023. When the complainant has resigned from the company, question of he making allegations of misappropriation does not arise at all.

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Apart from that, the learned counsel for the petitioners/accused Nos.1 to 4 has also produced documents to show that the commercial suit in O.S.

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6 - NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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No.1267/2023 is filed against the complainant, who has floated a new company name and style as SECO Electro Controls. The said suit was filed for breach of copyright and patent and a temporary injunction was also granted in favour of the petitioners/accused Nos.1 to 4.

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The allegations against accused Nos.5 & 6 is regarding they assisting in producing forged bills. However, documents produced by the learned counsel for the petitioners disclose that they have supplied the goods as per order received from the company and the same is also reflected in GST statement. Further, it is evident that the daughter of the complainant was also director and she has also resigned from the company. In the suit, she was also arrayed as defendant No.3, while the present complainant was defendant No.2. Considering all these facts & circumstances, it is evident that the complaint is an outcome of professional rivalry. Apart from that, the offences alleged are not exclusively punishable with a death or life imprisonment. The dispute is already ceased

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7 - NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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between the parties in a Civil Court and parties can agitate their rights in the Civil Court. Considering the facts & circumstances, I do not find any impediment for admitting these petitioners on anticipatory bail. The other apprehensions raised by the learned HCGP can be meted by imposing certain conditions. Hence, the petitions need to be allowed and accordingly, I proceed to pass the following:

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ORDER

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(I) Both the petitions are allowed .

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(II) The petitioners/Accused Nos.1 to 6 are

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directed to be enlarged on anticipatory bail in the event of their arrest in Crime No.453/2023 registered for the offences punishable under Sections 403, 406, 408, 419, 477A, 417 and 506 r/w Section 34 of IPC of Rajgopal Nagar Police Station, pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru, on each of them executing personal bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) with one surety each for the like-sum to the satisfaction of the Investigating

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8 - NC: 2024:KHC:9809 CRL.P No. 927 of 2024 C/W CRL.P No. 859 of 2024

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Officer or the concerned trial Court, subject to the following conditions:

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(i) Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of their surrender, Investigating Officer/SHO shall release them on bail as directed.

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(ii) They shall not directly or indirectly tamper with any of the prosecution witnesses.

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(iii) They shall not indulge in any similar offences.

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(iv) They shall make themselves available to the Investigating Officer for interrogation whenever called for during course of investigation.

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Sd/JUDGE

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List No.: 1 Sl No.: 32

M/S. Bharathi Electricals v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S. Bharathi Electricals v. State of Karnataka

Case brief

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What did the court decide?

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