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Karnataka High Court · body

2019 DIGILAW 1492 (KAR)

K. M. Jameel Pasha v. State of Karnataka By APMC Yard

2019-07-01

B.A.PATIL

body2019
JUDGMENT : B. A. PATIL, J. 1. Criminal Petition No.101022/2019 has been filed by the petitioner/accused No.5 and Criminal Petition No.101023/2019 has been filed by the petitioners/accused Nos.2, 3, 4 and 6, under Section 438 Cr.P.C. praying to release them on anticipatory bail in Crime No.21/2019 of APMC Yard, Bellari City Sub- Division Police registered for the offences punishable under Sections 406 and 420 of the IPC. 2. I have heard the learned counsel appearing for the petitioners and also the learned HCGP for the respondent-State. 3. The gist of the complaint is that, as per the instruction of accused No.1 and his family members, accused No.5 collected money to the tune of Rs.1,02,02,000/- in between February 2018 and February 2019, from the general public assuring to send them on tours and deposited the said amount in the bank account numbers given by accused No.1. It is alleged that the accused persons have cheated the general public and misappropriated the amount given by them under the guise of sending them to Hujj and Umra Pilgrimage places. On the basis of the complaint a case has been registered. 4. It is the submission for the learned counsel for the petitioners/accused that the accused/petitioners are the relatives of accused No.1 and as such they have been falsely implicated in the case. It is his further submission that, none of the tourist has filed any complaint alleging that their amount has been misused or misappropriated by the accused/petitioners. It is his further submission that accused No.1 has already been released on bail and on the ground of parity, accused/petitioners are also entitled to be released on bail. It is his further submission that, already the tour and travels arrangement has been made to all the persons from whom the amount has been collected. It is his further contention that, only because of the difference of opinion in sharing the profit, all the accused persons have been inculcated and a false complaint has been registered. They are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petitions and grant anticipatory bail to the petitioners. 5. They are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petitions and grant anticipatory bail to the petitioners. 5. Per contra, learned HCGP appearing for the respondent State vehemently argued that, the petitioners/accused Nos.2 to 6, along with accused No.1 induced the general public, collected amount from them and misappropriated an amount to the tune of Rs.1,02,02,000/-. It is her further submission that, it is the complainant who has arranged the tours by spending his own amount. Now the accused/petitioners are contending that they have arranged the tour. It is her further submission that still investigation is in progress and charge sheet has not yet been filed. At this stage, if the accused/petitioners are enlarged on bail, they may not be available for trial and they may not cooperate with the investigation. On these grounds she prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 7. On close reading of the contents of the complaint and other material, though the complainant has alleged that the accused/petitioners have collected money from the general public to the tune of Rs.1,02,02,000/-, but no tourist has filed any complaint. Already accused No.1, in whose favour the amount has been transferred, has already been released on bail. There is no material to show that the said amount has been transferred to the account of accused Nos.2 to 6. The alleged offences are not punishable with death or imprisonment for life. It appears that only because of some internal disputes, a false complaint has been registered. 8. Under the said facts and circumstances, I feel that if the petitioners/accused Nos.2 to 6 are ordered to be released on bail by imposing some stringent conditions, it would meet the ends of justice. 9. Hence the petitions are allowed. It appears that only because of some internal disputes, a false complaint has been registered. 8. Under the said facts and circumstances, I feel that if the petitioners/accused Nos.2 to 6 are ordered to be released on bail by imposing some stringent conditions, it would meet the ends of justice. 9. Hence the petitions are allowed. In the event of arrest, petitioners/accused Nos.2 to 6 are ordered to be released on anticipatory bail in connection with Crime No.21/2019 of APMC Yard Bellary City Sub-Division Police for the offences punishable under Sections 406 and 420 of the IPC, subject to the following conditions: i. Each of them shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. They shall surrender before the Investigating Officer within fifteen days from today. iii. They shall not tamper with the prosecution evidence directly or indirectly. iv. They shall cooperate with the investigation and they must be available before the Investigating Officer as and when they are ordered to do so. v. They shall not leave the jurisdiction of the Court without prior permission. vi. They shall mark their attendance before the jurisdictional Police once in fifteen days till the charge sheet is filed.