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2022 DIGILAW 654 (KAR)

R. S. Nanda Kumar v. State of Karnataka

2022-05-24

H.P.SANDESH

body2022
ORDER : H.P. Sandesh, J. 1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No. 8/2022 of Robertsonpet Police Station, Robertsonpet Circle, K.G.F., for the offences punishable under Sections 420, 406, 409 and 120-B of IPC and Section 76 of Chit Funds Act, 1982. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 3. The factual matrix of the case of the prosecution is that the petitioner is a Government employee working as an Assistant Cook in the Government Boys Metric Pre-College Boys Hostel and he was running the chit business from 2016 in the name of Sree Lakshmi Venkateshwara Commission Chits Scheme and Sree Lakshmi Venkateshwara Deepavali Festival Crackers Scheme. The complainant was also working as an Assistant Cook and he had paid an amount of Rs. 7 lakhs to the petitioner and other members have also paid the chit amount i.e., the petitioner has received the total amount of Rs. 70 Lakhs from various other members and has involved in cheating by not repaying the chit amount and has involved in chit business, even though he is a Government employee. Based on the complaint, the police have registered the case and the matter is under investigation and the petitioner is in custody. 4. Learned counsel for the petitioner would submit that the allegation of cheating to an extent of Rs. 70 lakhs not pertains to this petitioner and the complainant in the complaint has stated that he has paid the amount of Rs. 7 lakhs. The counsel would submit that, if time is given, the petitioner would repay the amount of Rs. 7 lakhs which has been paid by the complainant. Hence, the petitioner may be enlarged on bail. 5. Per contra, learned High Court Government Pleader appearing for the respondent-State would submit that this petitioner not only committed fraud on the complainant, but also committed fraud on other subscribers of the chit and there is a prima facie case against the petitioner. 6. Having heard the respective counsel and also on perusal of the material available on record, the petitioner also not disputes the fact that he is a Government employee working as an Assistant Cook and he is in custody from 10.02.2022. 6. Having heard the respective counsel and also on perusal of the material available on record, the petitioner also not disputes the fact that he is a Government employee working as an Assistant Cook and he is in custody from 10.02.2022. The learned counsel for the petitioner undertakes on behalf of the petitioner that the petitioner would repay the amount whatever has been received from the complainant, if receipt is produced for having paid the amount within one month. When such submission is made before the Court and also considering the fact that the petitioner is a Government employee, it is appropriate to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:- ORDER The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No. 8/2022 of Robertsonpet Police Station, Robertsonpet Circle, K.G.F., for the offences punishable under Sections 420, 406, 409 and 120-B of IPC and Section 76 of Chit Funds Act, 1982, subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) with two sureties 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 on all the future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of. (v) The petitioner is directed to pay the amount as undertaken before this Court within one month from today. If the amount is not paid, the State is at liberty to approach this Court for cancellation of bail. (vi) The observations made by this Court shall not influence the Trial Court in considering the matter on merits.