Karnataka High Court
Sujay Belur Krishna Kumar vs The State Of Maharastra on 9 December, 2021
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.9203 OF 2021
CONNECTED WITH
CRIMINAL PETITION NO.9197 OF 2021
IN CRIMINAL PETITION NO.9203 OF 2021
BETWEEN
1. SUJAY BELUR KRISHNA KUMAR
S/O B V KRISHNA KUMAR
AGED ABOUT 33 YEARS
R/AT NO 54/1 8TH CROSS
S P EXTENSION
MALLESHWARAM
BANGALORE - 560003
2. STEPHEN PRAVEEN KUMAR
C/O AMAL RAJ
AGED ABOUT 43 YEARS
R/AT FLAT NO.-B-211
SAHASRA GRAND APARTMENT
CHALLEKERE
BANGALORE NORTH - 560043
3. MAHANTESH M PATIL
S/O MALAGOUDA
AGED ABOUT 39 YEARS
R/AT R AND S RIVIERA
FLAT NO E -104 RACHENAHALLI MAIN ROAD
NEXT TO MANYATHA TECH PARK
GATE NO 5 RACHNAHALLI
BANGALORE - 560077
2
4. *PRASAD K
S/O HARIDAS
AGED ABOUT 39 YEARS
PERMANENT RESIDENT OF NO 169
GOKUL ROAD III CROSS
J P NAGAR
HUBLI, UDAYAM NAGAR
HUBLI DHARWAD - 580030
AND PRESENTLY RESIDING AT
NO 276, 2ND FLOOR,
5TH CROSS,
M S RAMAIAH NORTH CITY
BANGALORE - 560077
... PETITIONERS
(BY SRI LETHIF B, ADVOCATE)
AND
1. THE STATE OF MAHARASTRA
BY THOFKHANA POLICE STATION
TOFKHANA ROAD, NEAR PROFESSOR CHOWK
AHMEDNAGAR DISTRICT
MAHARASTRA
REP BY SPP HIGH COURT BUILDING
BANGALORE - 560001
2. THE STATE OF KARNATAKA
BY BANASWADI POLICE STATION
BANGALORE CITY
REP BY SPP, HIGH COURT BUILDING
BENGALURU - 560001
... RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO GRANT
TRANSIT ANTICIPATORY BAIL IN THE EVENT OF ARREST FROM
*Corrected vide court order dated 22.12.2021
3
I RESPONDENT POLICE IN FIR NO.943/2021 BEING
REGISTERED AT THOFKHANA POLICE STATION, AHMEDNAGAR
DISTRICT, MAHARASTRA STATE FOR THE OFFENCE
PUNISHABLE UNDER SECTION 379 OF IPC PENDING ON THE
FILE OF THE CHIEF JUDICIAL MAGISTRATE AHMEDNAGAR
MAHARASTRA.
IN CRIMINAL PETITION NO.9197 OF 2021
BETWEEN
1. PRASAD K
S/O HARIDAS
AGED ABOUT 39 YEARS
PERMANENT RESIDENT OF NO 169
GOKUL ROAD III CROSS
J P NAGAR
HUBLI UDAYAM NAGAR
HUBLI DHARWAD - 580030 AND PRESENTLY
RESIDING AT NO 276 2ND FLOOR,
5TH CROSS,
M S RAMAIAH NORTH CITY
THANISANDRA MAIN ROAD
BANGALORE - 560077
2. STEPHEN PRAVEEN KUMAR
C/O AMAL RAJ
AGED ABOUT 43 YEARS
R/AT FLAT NO -B-211
SAHASRA GRAND APARTMENT
CHALLEKERE
BANGALORE NORTH - 560043
3. SUJAY BELUR KRISHNA KUMAR
S/O B V KRISHNA KUMAR
AGED ABOUT 33 YEARS
R/AT NO 54/1 8TH CROSS
S P EXTENSION
MALLESHWARAM
BANGALORE - 560003
4
4. MAHANTESH M PATIL
S/O MALAGOUDA
AGED ABOUT 39 YEARS
R/AT R AND S RIVIERA
FLAT NO E -104 RACHENAHALLI MAIN ROAD
NEXT TO MANYATHA TECH PARK
GATE NO 5 RACHANAHALLI
BANGALORE - 560077
... PETITIONERS
(BY SRI LETHIF B, ADVOCATE)
AND
1 . THE STATE OF MAHARASTRA
BY THOFKHANA POLICE STATION
AHMEDNAGAR DISTRICT
MAHARASTRA
REP BY SPP HIGH COURT BUILDING
BANGALORE - 560001
2 . THE STATE OF KARNATAKA
BY BANASWADI POLICE STATION
BANGALORE CITY
REP BY SPP HIGH COURT BUILDING
BENGALURU - 560001
... RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST
FROM 1ST RESPONDENT POLICE IN FIR NO.996/2021, BEING
REGISTERED AT THOFKHANA P.S., AHMEDNAGAR DISTRICT,
MAHARASTRA STATE FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 406, 420, 506, 34 OF IPC PENDING ON THE FILE OF
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THE CHIEF JUDICIAL MAGISTRATE, AHMEDNAGAR,
MAHARASTRA.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Criminal Petition Nos.9203/2021 and 9197/2021 are
filed by the petitioner-accused Nos.1 to 4 under Section
438 of Cr.P.C., for granting anticipatory bail in Crime
Nos.943/2021 for the offence punishable under Section
379 of IPC and in Crime No.996/2021 for the offences
punishable under Sections 406, 420 and 506 read with
Section 34 of IPC, both registered by Thofkhana Police
Station, Ahamed Nagar District, Maharashtra State.
2. Heard the arguments of learned counsel for the
petitioners and learned High Court Government Pleader for
the respondent-State.
3. The case of the prosecution is that in
Crl.P.No.9197/2021 the complainant-Ganesh Muralidhar
Tawale is said to be a businessman running the business in
the name of Ganesh Trading Company. He used to
purchase onions from the agriculturists and sell the same
to the businessmen of the other States and during the said
onion business, the complainant came in contact with
accused Nos.1 to 4 who are said to be running a
partnership firm in Bengaluru in the name of Tasker Berry
Agri Venture. After the discussion, the complainant is said
to have sold the Onions to the said Tasker Berry Agri
Venture Company for a tune of Rs.7,04,29,686/- from
February 2021 till August 2021. Out of the said amount,
the petitioners are said to have paid only Rs.5,53,83,551/-
and remaining amount of Rs.1,50,46,135/- is not paid to
the complainant. In spite of repeated demand, the
petitioners have not paid the said amount. Thereby, the
petitioners have cheated the complainant financially by
way of criminal breach of trust to the tune of
Rs.1,50,46,135/-. Hence he has filed complaint to the
Maharashtra Police.
4. Crl.P.No.9203/2021 is filed by the same
accused persons under Section 438 of Cr.P.C., for granting
anticipatory bail in Crime No.943/2021 registered by
Thofkhana Police Station, Ahamed Nagar District,
Maharashtra. It is alleged that on 05.10.2021 the accused
persons came to the office of the complainant. The
accused persons were willing to purchase the lorry which
was parked in front of the office of the complainant. But
the complainant was not willing to sell the said lorry and
they discussed for sometime in this regard. The
complainant went inside his house to bring tea for the
accused persons and after returning back, he had noticed
that the lorry was missing and the complainant suspected
that the lorry bearing registration No.MH-16 AY-9086
worth of Rs.8,00,000/- was stolen by the accused persons.
Therefore, the complaint came to be lodged. The Police
registered a case for the offence punishable under Section
379 of IPC. After registering the case, the Police are
making hectic efforts to arrest these petitioners. The
petitioners are apprehending their arrest in the hands of
the Police. Hence, they prayed for granting transit bail.
5. Learned counsel for the petitioners has relied
upon the following judgments:
1) Capt. Satish Kumar Sharma vs. Delhi
Administration and Others reported in 1990
SCC OnLine Del 270.
2) Dr. L.R. Naidu vs. State of Karnataka reported
in 1983 SCC OnLine Kar 206.
3) Rooparam vs. The State of Karnataka in
Crl.P.No.3199/2020 dated 10.08.2020.
4) Mr Girish Kumar N vs. The State of
Maharashtra and Others in Crl.P.No.3958
/2017 dated 25.05.2017.
5) Ms. Priya Mukharjee vs. State of Karnataka
and Others in Crl.P.No.6956/2020 dated
25.11.2020.
6. Per contra, learned High Court Government
Pleader seriously objected the bail petition.
7. Having heard the arguments and on perusal of
the records, there was a business transaction between the
complainant and the accused persons and the complainant
is said to be sold the onion and the petitioner firm did not
pay the full amount and there is a due for an amount of
Rs.1,50,46,135/-. Learned counsel for the petitioner has
contended that the petitioner-firm has also filed a
complaint on 18.11.2021 in Crime No.541/2021 against
the complainant for the offences punishable under Sections
506, 504, 406, 420 of IPC. In another case, the offence is
under Section 379 of IPC which is triable by the Magistrate
and the maximum punishment is three years. When the
accused is dealing with complainant in crores of rupees in
respect of their businesses, the question of stealing the
lorry by the petitioner is not acceptable one. Therefore, by
looking to the facts and circumstances of the case, the
alleged offences are though non-bailable, but they are not
punishable either with death or imprisonment of life and
they are triable by the Magistrate. But the complaint came
to be filed at Maharashtra. The petitioners are
apprehending their arrest in the hands of Police needs to
be considered till they approach the Court at Maharashtra.
The Hon'ble Supreme Court has stated that no transit bail
can be granted but the Courts have granted limited period
of anticipatory bail and this Court has also granted
anticipatory bail to one of the accused for a limited period.
Therefore, considering the facts and circumstances of the
case, as the petitioners are from Bengaluru, they being
flee away from justice does not arise. Therefore, till the
petitioners approach the appropriate Court for the grant of
bail, they are entitled for short time protection. Hence, the
following
ORDER
Accordingly, both the petitions are allowed.
The respondent - Police are directed to release the
petitioners/accused Nos.1 to 4 on bail in the event of their
arrest for the offences punishable under Sections 406,
420, 506 read with Section 34 of the IPC in Crime
No.996/2021 and under Section 379 in Crime
Nos.943/2021, both registered by Thofkhana Police
Station, Ahamed Nagar District, Maharashtra State,
subject to the following conditions:
(i) Petitioners shall execute a personal bond
for a sum of Rs.5,00,000/- (Rupees Five
Lakh only) each with a surety for the
likesum to the satisfaction of the
Investigating Officer;
(ii) Petitioners shall approach the concerned
Court within 30 days from the date of
receipt of the copy of the order for seeking
bail.
Sd/-
JUDGE
GBB
