Manjunath & ANR vs State of Karnataka

Since these two petitions are in respect of the same crime number and similar questions of law and facts are involved in both the petitions, they

are taken together to dispose of them by this common order in order to avoid repetition of discussion of law and facts.

Crl.P.No.686/2018 is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C seeking regular bail and Crl.P.No.685/2018 is filed by

accused Nos.4 and 5 under Section 438 of Cr.P.C. seeking anticipatory bail for the offences punishable under Sections 406, 420 read with

Section 149 of IPC registered in respondent - police station Crime No.182/2017.

Heard the arguments of the learned counsel appearing for the petitioners in the respective petitions and also the learned High Court Government

Pleader appearing for the respondent-State.

I have perused the grounds urged in the bail petitions, FIR, complaint and other materials placed on record.

The complainant is one Gowrisha M.G., son of Govindarao. The allegation in the complaint goes to show that in connection with supply of pure

aqua water, the petitioners made assurance to the complainant and collected money to the tune of Rs.30.00 lakh. They have also made

representation that accused No.2 is also involved in the auto car garage business and he is having experience in the said business. In connection

with that transaction also, they have collected the amount of Rs.80.00 lakh and thereby, they have cheated the complainant. On the basis of the

same, the case was registered by the respondent police.

Looking to the complaint averments, there are no specific allegations about the involvement of the petitioners-accused Nos.4 and 5, who are

seeking anticipatory bail. So far as accused Nos.1 and 2 are concerned, though there are such allegations, but transaction is mainly of civil in

nature. Even then, there is no bar to initiate criminal proceedings as parallel proceedings.

But the petitioners have denied the said allegations contending that they never cheated by making false assurance to the complainant. The

petitioners have contended that they have been falsely implicated in the case. They have undertaken that they are ready to abide by any condition

that may be imposed by this Court. Accused Nos.1 and 2 have been arrested and they are in custody uptill now. The alleged offences are triable

by the Court of Magistrate and they are not punishable with death or imprisonment for life. Therefore, by imposing reasonable conditions, the

petitioners can be admitted to bail.

Accordingly, both the petitions are allowed. The petitioners are granted regular bail and anticipatory bail respectively, for the alleged offences

punishable under Sections 406, 420 read with Section 149 of IPC registered in respondent - police station Crime No.182/2017.

Petitioners/accused Nos.1 and 2 in Crl.P.No.686/2018 are ordered to be released on regular bail, subject to the following conditions:

i. Each petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of

the concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners shall appear before the concerned Court regularly.

The respondent-Police are directed to enlarge the petitioners/accused No.4 and 5 in Crl.P.No.685/2018 on bail in the event of their arrest, subject

to the following conditions:

i. Each petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the

arresting authority.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners shall make themselves available before the Investigating Officer for interrogation, as and when called for and to

cooperate with the further investigation.

iv. Petitioners shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond

and the surety bond.