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2023 DIGILAW 508 (KAR)

Ganesh Mandre, Trustee Vishwamanava Institute Of Para Medical Science v. State of Karnataka

2023-03-27

V SRISHANANDA

body2023
JUDGMENT/ORDER V Srishananda, J. - Heard Sri. Jagadeesh H., learned counsel for Sri. Jagadeesh M.S., for the petitioner and Sri. S. Vishwamurthy, learned High Court Government Pleader for the respondent-State. Perused the records. 2. Present petition is filed under Section 439 of Cr.P.C. with the following prayer: 'WHEREFORE, it is humbly prayed that this Hon'ble Court may kindly be pleased to allow the petition and release the petitioner on bail in Crime No.292/2022 of HSR Layout Police Station for an alleged offence punishable under Section 405, 406, 420, 504, 120B read with 34 of IPC pending on the file of Hon'ble III Additional Chief Metropolitan Magistrate at Bengaluru, in the interest of justice." 3. The brief facts of the case are as under: Upon a complaint lodged by Akash Aggarwal, S/o. H.K. Aggarwal, HSR Layout police have registered a case in Cr.No.292/2022 on 15.11.2022 for the offences punishable under Sections 405, 406, 420, 504, 506, 120B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short). 4. The gist of the complaint averments reveals that the complainant is running a company called Bluebear Technologies Pvt. Ltd., and the said company was lending the loan for prospective students to pursue higher education. Accused No.1 being the institute running the Para Medical College and accused Nos.2 and 3 being its trustees, applied for loan with the complainant company for their students to the tune of Rs.39,15,810/- and the students who obtained the loan became defaulters, resulting in wrongful loss to the complainant's company and sought for action against the accused persons. 5. Petitioner is accused No.3, who is one of the trustee of the first accused trust, was arrested by the Investigating Agency on 06.01.2023. His request seeking for grant of bail was turned down by the learned LXIX Additional City Civil and Sessions Judge (CCH-70) by order dated 13.01.2023 in Crl.Misc. No.69/2023. Thereafter, the petitioner is before this Court. 6. Reiterating the grounds urged in the bail petition Sri. Jagadeesh H., learned counsel for the petitioner sought for grant of bail and also pressed into service the ground of parity as this Court has granted the bail for co-accused i.e., accused No.2 - Nellappa G. Agadi by order dated 14.03.2023 in Crl.P. No.844/2023. 7. Per contra, learned High Court Government Pleader opposes for grant of bail. 8. Jagadeesh H., learned counsel for the petitioner sought for grant of bail and also pressed into service the ground of parity as this Court has granted the bail for co-accused i.e., accused No.2 - Nellappa G. Agadi by order dated 14.03.2023 in Crl.P. No.844/2023. 7. Per contra, learned High Court Government Pleader opposes for grant of bail. 8. In the light of the rival contentions, this Court perused the materials on record meticulously. 9. On such perusal it is seen that the present accused petitioner, who is accused No.3 stands on the same footing as that of accused No.2. This Court after considering the materials on record granted bail to the co-accused as referred to supra. 10. Therefore, without further expressing any opinion on the merits of the matter, following order is passed. ORDER 1. The Criminal Petition is allowed. 2. Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the learned trial Judge. 3. Petitioner shall not directly or indirectly tamper the prosecution witnesses evidence or hamper the investigation process in any manner. 4. Petitioner shall not indulge in any similar offences. 5. Petitioner shall attend the Court regularly. If any of the above conditions are violated, the prosecution is at liberty to seek for cancellation of bail. Ordered accordingly.