Shabaz Pasha & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.1/2022 registered by the J.C.Nagar Police Station, Bengaluru for the offences punishable under Sections 406, 417, 420, 506, 120B read with Section 34 of IPC.

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

The factual matrix of the case is that these petitioners who are accused Nos.4 and 5 along with other accused persons cheated the complainant and misappropriated the funds and also caused life threat. Based on the complaint, the case was registered and the matter is under investigation.

The learned counsel for the petitioners would submit that petitioner No.1 himself had lodged the complaint against accused No.1 vide complaint dated 18.12.2021 alleging that accused No.1 had collected the money from him and not paid any profit as assured by him and in this regard, FIR was registered in Cr.No.483/2021 and now, the present petitioners have falsely implicated in the case. The counsel submits that notice was issued under Section 41A of Cr.P.C on 10.01.2022 and they have appeared before the police and handed over the documents like passport and etc., inspite of that the police are making hectic efforts to apprehend them and hence, prayed to allow the petition.

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that there is not only allegation against accused No.1 but also against these petitioners that these petitioners have also indulged in committing the offence of cheating and criminal breach of trust along with other accused persons and hence, there is a prima facie materials against these petitioners and prayed to dismiss the petition.

Having heard the respective counsel appearing for the parties and also on perusal of the material on record it discloses that FIR which was registered against accused No.1, there is an allegation against him that petitioner No.1 had invested money with him and apart from that the police have also issued the notice under Section 41A of Cr.P.C and these petitioners were also appeared before the police and furnished the documents and when such material is available on record, the contention of the learned counsel for the petitioners is that there is an apprehension of arrest hence, considering the gravity of the offences and petitioner No.1 himself had lodged the complaint against accused No.1, it is a fit case to exercise the discretion in favour of the petitioners under Section 438 of Cr.P.C.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in the event of his arrest in connection with Crime No.1/2022 registered by the J.C.Nagar Police Station, Bengaluru for the offences punishable under Sections 406, 417, 420, 506, 120B read with Section 34 of IPC, subject to the following conditions:-

(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for.

(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.

(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.