R.N. Shanmugam vs State Of Karnataka

K. N. Phaneendra, J

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

The petitioner is arraigned as Accused No.1 in Crime No. 160/2019 for the offence punishable under Sections 406 and 420 read with Section 34 of

IPC and Section 9 of Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 and Section 79 of Chits Fund Act on the

file of COD Police.

Earlier this petitioner has filed a petition under Section 438 of Cr.PC. in Criminal Petition No.6961/2019 and the same came to be rejected vide

order dated 05.11.2019. It is submitted by the learned counsel for the petitioner that, on the next date of the said order itself, the petitioner himself has

surrendered before the jurisdictional Court and assisted the Investigating Officer to enable him to complete the investigation, and thereafter, the charge

sheet has been filed.

The brief facts of the case are that, a person by name Dr. Akulappa Shetty has lodged a complaint stating that, the complainant was a Doctor by

profession. On 26.08.2016, his daughter has sold her house and gave him an amount of Rs.15 Lakhs. In fact, the said amount was deposited with the

petitioner and other accused persons, who are his associates, for getting higher rate of interest at the rate of Rs.1.10 percent per month. As a security

for repayment of the said amount along with interest, the accused persons have executed an on-demand pro-note and issued a cheque. But, they have

not returned the said money in spite of repeated requests and demands. It is further stated that, the said petitioners are in the habit of collecting money

from many number of customers and not paying back. On the above said allegations, the police have registered a case and investigating the matter.

The alleged offences are not punishable either with the sentence of death or imprisonment for life. As the petitioner/accused has very promptly

surrendered before the Court and assisted the investigation. After investigation, the respondent-police have also filed the charge sheet. The petitioner

is aged about 66 years and there is no history of bad antecedents against him. Therefore, in my opinion, the petitioner is entitled to be enlarged under

Section 439 of Cr.PC. Hence, the following,-

ORDER

The Petition is allowed. Consequently, the petitioner (A2)-R.N. Shanmugam shall be released on bail in SC No.04/2020 (Crime No. 160/2019 of the

respondent-Bangarpet Police Station, KGF), now pending before the Court of the Principal District and Sessions Judge at Kolar, for the aforesaid

offences, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with one surety for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court as and when called for and also on all future hearing dates unless exempted by the Court

for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the trial Court ie., Kolar District, without prior permission, till the case registered against him is

disposed of.