Karnataka High Court
Smt Dakshayini B vs State Of Karnataka on 26 June, 2023
Bench: K.Natarajan
-1-
NC: 2023:KHC:21929
CRL.A No. 1047 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 1047 OF 2023
BETWEEN:
SMT. DAKSHAYINI B.,
W/O SHAMBULINGU M.,
AGED ABOUT 41 YEARS,
R/AT NO.98, 1ST BLOCK,
RAMASWAMY LAYOUT,
WEST OF JSS COLLEGE,
DEVEERAMMANAHALLI BADAVANE,
NANJANGUD TALUK,
MYSURU DISTRICT - 571 301.
...APPELLANT
(BY SRI. MADHAV B. KASHYAP, ADVOCATE)
AND:
STATE OF KARNATAKA,
Digitally signed
by C SOWMYA BY NANJANGUD TOWN POLICE STATION,
Location: High MYSURU,
Court of
Karnatka REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
OPP. VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. S. VISHWA MURTHY, HCGP)
THIS CRL.A. IS FILED UNDER SECTION 16 OF KPIDFE
ACT 2004 OF CR.P.C PRAYING TO SET ASIDE THE ORDER
DATED 19.05.2023 PASSED BY THE LEARNED PRINCIPAL
-2-
NC: 2023:KHC:21929
CRL.A No. 1047 of 2023
DISTRICT AND SESSIONS JUDGE AT MYSURU IN
CRL.MISC.NO.815/2023 AND CONSEQUENTLY MODIFY/RELAX
CONDITION NO.1 THE PETITIONER SHALL SURRENDER
HERSELF BEFORE THE RESPONDENT POLICE WITH IN 15 DAYS
FROM THE DATE OF THIS ORDER IN CRL.MISC.NO.2505/2022
DATED 19.12.2022 BY GRANTING 30 DAYS ADDITIONAL TIME
TO THE APPELLANT/ACCUSED TO APPEAR/SURRENDER BEFORE
THE RESPONDENT/NANJANGUD TOWN POLICE STATION,
MYSURU IN RELATION TO CR.NO.129/2022 REGISTERED BY
THE RESPONDENT/NANJANGUD TOWN POLICE STATION,
MYSURU FOR THE ALLEGED OFFENCE P/U/S.403,406,420 OF
IPC 1860 AND SEC.9 OF THE KARNATAKA PROTECTION OF
INTEREST DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT
2004 PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT MYSURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned HCGP is directed to take notice for the
respondent/State.
2. This criminal appeal is filed by the
appellant/accused under Section 16 of Karnataka Protection of
interest Depositors in Financial Establishment Act, 2004 read
with Section 439 1(b) of Cr.P.C. seeking to modify the condition
No.1 of the order passed by the learned Principal District and
NC: 2023:KHC:21929
CRL.A No. 1047 of 2023
Sessions Judge at Mysuru in Crl. Misc.No.815/2023 dated
19.05.2023.
3. Heard the learned counsel for the appellant and the
learned High Court Government Pleader for the respondent-
State.
4. The case of the prosecution is that the appellant
was accused, apprehending her arrest in Crime No.129/2023
registered by the Nanjanagudu Town Police Station for the
offenses punishable under Sections 403, 406, 420 of I.P.C. and
Section 9 of KPIDEE Act. She has approached the Principal
District and Sessions Judge at Mysuru for granting anticipatory
bail which was allowed in Crl. Misc.No.2505/2022 dated
19.12.2022 by granting 15 days time to surrender. Once
again, the appellant/accused has filed one more miscellaneous
petition for modification of condition No.1 to 6 before the
Sessions Judge at Mysuru dated 22.02.2023 in
Crl.Misc.No.36/2023 which was allowed in part and granted
another 15 days time to surrender the accused but she was
unable to surrender. Again, she has filed another application
before the Sessions Judge at Mysuru for extension of another
15 days time to appear before the respondent/police in
NC: 2023:KHC:21929
CRL.A No. 1047 of 2023
Crl.Misc.No.815/2023 which came to be dismissed on
19.05.2023. Hence, the appellant/accused is before this Court.
5. Learned counsel for the appellant/accused submits
that appellant was accused in ten cases. In one of the case she
has been granted bail by the Sessions Judge and in other nine
cases she was not able get the bail and her bail petitions were
rejected. Therefore, she has filed appeal before the High Court
and obtained interim anticipatory bail on 21.04.2023. She was
not able to surrender before the Police as per the order passed
by the Sessions Judge at Mysuru in Crl.Misc.No.36/2023.
Hence, the appellant/accused prays for extension of time
before this Court.
6. Per contra, learned HCGP seriously objected the
appeal and prayed for dismissal of the appeal.
7. Heard the arguments and on perusal of records, it
reveal that the appellant was accused in ten cases. In the first
case, she has been granted anticipatory bail by the Sessions
Judge at Mysuru in Crl. Misc. No.2505/2022 dated 19.12.2022
which expires on 03.01.2023. She has filed one more petition
for an extension of time before the Sessions Judge at Mysuru in
NC: 2023:KHC:21929
CRL.A No. 1047 of 2023
Crl.Misc.No.36/2023 which was allowed in part and granted
another 15 days time to surrender. The appellant was accused
in another nine cases and her bail applications came to be
rejected. Therefore, she has filed an appeal before the High
Court and obtained interim anticipatory bail in
Crl.A.No.704/2023 and other connected matters and the last
order was passed on 27.04.2023. Therefore, once she was in
custody, she may not be accused in other cases. If she
surrenders in this case, definitely she will be arrested in all
other nine cases. Therefore, the reasons assigned by the
learned counsel for the appellant is satisfied for not
surrendering before the Investigating Officer as per the order
passed by the Trial Court Therefore, it is necessary for
modifying the order and grant some more time to petitioner to
surrender before Investigating Officer.
Hence, I pass the following order:
Order
i) The Criminal Appeal is allowed.
ii) The order passed by the Principal District and
Sessions Judge at Mysuru in Crl. Misc.No.815/2023 dated
NC: 2023:KHC:21929
CRL.A No. 1047 of 2023
19.05.2023 is hereby set aside and another 15 days time is
granted from the date of receipt of the certified copy of this
order to surrender before the Investigating Officer and the
remaining conditions are unaltered.
Sd/-
JUDGE
SMC
