Sri Kalaiah v. State of Karnataka by

e -e1e-eeeee e e NC:(2024:KHC:53285 CRL.P(No.(14311(of(2024 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(30 (DAY(OF(DECEMBER,(2024( BEFORE( THE(HON'BLE(MR(JUSTICE(ANANT(RAMANATH(HEGDE( CRIMINAL(PETITION(NO.(14311(OF(2024( BETWEEN:( SRI,KALAIAH, SON,OF,LATE,LAKKAIAH,, AGED,ABOUT,44,YEARS,, RESIDENT,OF,G.,HOSAHALLI,,VILLAGE,, BASARALU,HOBLI,, MANDYA,TALUK,, MANDYA,DISTRICT,-,571,416., …PETITIONER, (BY,SRI.,SHANKAR,H,S.,,ADVOCATE), AND: STATE,OF,KARNATAKA,BY, HASSAN,CEN,CRIME,POLICE,STATION,,Digitally signedtiby REP,BY,STATE,PUBLIC,PROSECUTOR,, PRAMILA0G0V HIGH,COURT,BUILDING,, Location: BENGALURU,-,560,001.,HIGH0COURT OF …RESPONDENT, KARNATAKA (BY,SRI.,VINAY,MAHADEVAIAH.,,HCGP), , THIS, CRL.P, IS, FILED, U/S.438, (FILED, U/S.482, BNSS),, CR.P.C, BY, THE, ADVOCATE, FOR, THE, PETITIONER, PRAYING, THAT, THIS, HONOURABLE, COURT, MAY, BE, PLEASED, TO, ENLARGE,THE,PETITIONER,ON,ANTICIPATORY,BAIL,IN,CRIME, NO.67/2024, OF, HASSAN, CEN, CRIME, POLICE, STATION,, PENDING, ON, THE, FILE, OF, THE, PRINCIPAL, DISTRICT, AND, SESSIONS, JUDGE,, HASSAN, REGISTERED, FOR, THE, OFFENCE,

P/US/420,417 OF IPC AND SEC.21,3 OF BANNING OF UNREGULATED DEPOSIT SCHEMES ACT 2019.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned High Court Government Pleader accepts notice for the respondent.

¶2Heard the learned counsel appearing for the petitioner and learned HCGP.

¶3It is stated that a complaint is filed against the accused for alleged offences under Sections 420, 417 of IPC and Sections 21, 3 of the Banning of Unregulated Deposit Schemes Act 2019 and FIR is registered in Crime No.67/2024 before Hassan CEN Crime Police Station.

¶4This petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. The petitioner is seeking Anticipatory Bail. His application seeking Anticipatory Bail in Crl.Misc.No.1209/2024 on the file of

the Principal District and Sessions Judge, Hassan, is dismissed vide order dated 04.12.2024.

¶5Learned counsel for the petitioner, inviting the attention of this Court, that the complainant would submit the complaint is alleging that an amount of Rs.6,35,000/- is credited to the bank account mentioned in the complaint.

¶6It is further stated that in the complaint that accused named the complaint assured the complainant that if some amount is invested in World Racing Free Launching Reward Organization, the investors would get a return of 2% interest per day and their money would be doubled quantity. The complainant states that she has made payment through Google Pay, on phone No.9945668779.

¶7Learned counsel for the petitioner submits that the phone number does not belong to him. It is also his further submission that one more phone number

mentioned in the complaint, namely 7090334491, also does not belong to the complainant and the account to which the amount is credited does not belong to the complainant. He would further submit that he is totally unconcerned with the transactions referred in the complaint and a false complaint is lodged against him.

¶8Learned counsel for the petitioner is also submits that since the alleged payment is made to the bank accounts, the custodial interrogation is not required.

¶9Learned counsel for the respondent submits that there is an allegation that the petitioner and another accused have cheated some other persons. It is contend that custodial interrogation is very much required and submits to dismiss the petition.

¶10This Court has considers the contentions raised in the Bar and perused the records.

¶11It is noticed in the complaint that the complainant has paid Rs.6,35,000/- through Google pay

on two phone numbers mentioned in the complaint and amount is said to have been paid to the bank accounts mentioned in the complaint. Since the entire allegations made in the complaint is said to be in respect of payment made to two bank accounts named in the complaint, this Court is of the view that custodial interrogation is not required in this case. Accordingly, petitioner has made out the case for Anticipatory Bail. Hence the following: ORDER

i) Criminal petition is allowed.

ii) The respondent - police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.67/2024 registered by Hassan CEN Crime Police Station for the offences punishable under Sections 420, 417 of IPC and Sections 21, 3 of the Banning of Unregulated Deposit Schemes Act 2019, subject to the following conditions:

¶1Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

¶2Petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigation Officer, as and when called for;

¶3Petitioner shall not indulge in tampering the prosecution witnesses either directly or indirectly. Sd/- (ANANT RAMANATH HEGDE) JUDGE KVR List No.: 1 Sl No.: 58