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2022 DIGILAW 1212 (KAR)

Wahengbam Lalit Singh v. State of Karnataka By Jayanagar Police Station

2022-09-15

K.NATARAJAN

body2022
JUDGMENT K. Natarajan, J. - This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.216/2022 registered by Jayanagar Police Station, Bengaluru for the offences punishable under Sections 506, 34, 406, 420, 417 of IPC. 2. Heard the arguments of learned Senior counsel appearing for the petitioner counsel and learned High Court Government Pleader for the respondent State. 3. The case of the prosecution is that on the complaint of first informant-Narendra Babu, the case was registered by the police and it is alleged by him that he is working as a Director of M/s. Hiren Wahen Buildtech Private Limited. On 05.12.2011, the petitioner also joined to the said company. The complainant and the petitioner both shared 50% each on the company's investment. The complainant and the petitioner decided to purchase a land and develop the company. Accordingly, they jointly purchased the land bearing survey No.81, 86 measuring 1 acre 18 guntas situated at Panathur Varthur Hobli, Bengaluru from the land owner Mr. Prakash. Though they purchased the plots and entered into an agreement with the purchaser, almost 18 plots were agreed to sell the same to the customers but the petitioner without knowledge of this complainant has executed sale deed in favour of the third parties and received huge money and also not given any share to him. Even though the wife of this informant is also a Director and accused-petitioner is said to be inducted accused No.2-Naushada sultan as one of the Director by receiving Rs.75.00 lakhs and misappropriated the amounts. When the complainant questioned the petitioner as to why he has cheated him, in turn, the petitioner said to be threatened the complainant with dire consequences. Based upon the complaint, the Police registered a case, arrested the petitioner on 25.07.2022 and he was remanded to the judicial custody. The investigation is under progress. The petitioner is before this Court for grant of bail. 4. Having heard the heard the arguments of learned Senior counsel for the petitioner, learned High Court Government Pleader for the respondent-State and on perusal of the records, which reveals, of course, the petitioner is said to be sold various sites to the persons by depriving the right of agreement of the holders and even though the petitioner has received crores of rupees from the earlier customers. Learned High Court Government Pleader produced the chart which reveals that almost 15 persons were said to be agreed to purchase the property in plot numbers mentioned therein. But the accused is said to be sold the plots to some other persons without the knowledge of the complainant. 5. Learned Senior counsel for the petitioner brought to the notice of this Court that it is an internal dispute between the two Directors and therefore, the offence under Sections 406 or 420 of IPC will not attract in view of the amendment of the Companies Act under Section 241 of the Act. Learned Senior counsel also contended that the petitioner is ready to abide by the conditions that may be imposed by this Court and he is in custody for nearly two months. The matter pertaining to the internal dispute of two Directors and the company said to be cheated the purchasers and sold the property to third persons. Therefore, it cannot be said that the informant is not responsible for selling the plots to the third parties. The matter required detailed investigation. However, keeping the petitioner in custody will not serve any purpose. It is also contended that the informant took place near Varthur Police Station limits but the complainant purposely filed a complaint to the Jayanagara Police by using influence etc. Considering the facts and circumstances of the case, though the alleged offences are non-bailable, but not punishable with death or imprisonment of life and triable by the Magistrate. The petitioner is in custody for more than 11/2 month. Therefore, without expressing any opinion regarding the merits of the case, by imposing certain conditions, if bail is granted, no prejudice would be caused to the case of the prosecution. 6. Accordingly, criminal petition is allowed. The petitioner is in custody for more than 11/2 month. Therefore, without expressing any opinion regarding the merits of the case, by imposing certain conditions, if bail is granted, no prejudice would be caused to the case of the prosecution. 6. Accordingly, criminal petition is allowed. The Trial Court is directed to release the petitioner- accused No.1 on bail in Crime No.216/2022 registered by Jayanagar Police Station, Bengaluru for the offences punishable under Sections 506, 34, 406, 420, 417 of IPC, subject to the following conditions: (i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakh only) with two sureties for the likesum to the satisfaction of the trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall appear before the Investigating Officer between 10.00 a.m. and 4.00 p.m. on every Monday for a period of three months or till filing of charge-sheet whichever is earlier.