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2020 DIGILAW 2210 (KAR)

P. Nambhiraj v. State Of Karnataka

2020-11-06

B.A.PATIL

body2020
JUDGMENT B.A.Patil, J. - Criminal Petition No.5783/2020 has been preferred by petitioners-accused Nos.1 and 2 and Criminal Petition No.5781/2020 has been preferred by petitioners-accused Nos.3 and 4 under Section 438 of Cr.P.C. to release them on bail in the event of their arrest in Crime No.110/2020 of Vijayanagar Police Station for the offences punishable under Section 420 r/w 34 of Indian Penal Code. 2. I have heard the learned counsel Sri.Srinivasa Rao on behalf of Sri.Venugopal M.S. for the petitioners-accused virtually and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State. 3. The gist of the complaint is that complainant is the retired KAT Officer. Sri.Gangamma Devi Shakthi Preetham Trust collected the amount from the complainant by assuring that they will award him Doctorate Degree on 26.9.2020. But subsequently, has not taken any permission to organize the programme and has not awarded the Doctorate Degree to the complainant, thereby they have cheated the complainant and have not given the award. On the basis of the complaint a case has been registered. 4. It is the submission of the learned counsel for the petitioners-accused that no prima-facie case has been made out as against the petitioners-accused for the alleged offence. The alleged offences are not punishable with death or imprisonment for life. It is his further submission that because of Covid-19 the said function has not been held. Because of non-holding of the function a complaint has been filed. The petitioners-accused are not having any intention to cheat the complainant nor they have cheated the complainant. They are ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petitions and to release the petitioners-accused on bail. 5. Though the said application has been seriously contested by the learned High Court Government Pleader by contending that the petitioners-accused have collected the amount and have not organized the programme and not awarded the Doctorate to the complainant. When it is specific case made out by the petitioners-accused that because of Covid-19 they could not held the function and they have not cheated and no intention to cheat, under such circumstances, I am of the considered opinion that, if by imposing some stringent conditions, if the petitionersaccused are ordered to be released on anticipatory bail, it is going to meet the ends of justice. 6. 6. In that light, these petitions are allowed. The petitioners-accused Nos.1 to 4 are ordered to be released on bail in the event of their arrest in Crime No.110/2020 of Vijayanagar Police Station for the offences punishable under Section 420 r/w 34 of Indian Penal Code, subject to the following conditions: i. Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. They shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled. iii. They shall not tamper with the prosecution witnesses directly or indirectly. iv. They shall appear before the Investigating Officer as and when required and co-operate for investigation. v. They shall mark their attendance before the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed. vi. They shall not leave the jurisdiction of the Court without prior permission. vii. If they violate any one of the conditions, bail is liable to be cancelled.