Karnataka High Court
Sri. Ashok M.C vs The State Of Karnataka on 10 March, 2023
Bench: Mohammad Nawaz
-1-
CRL.A No. 449 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 449 OF 2023
BETWEEN:
1. SRI. ASHOK M.C
S/O CHANDRA,
AGED ABOUT 27 YEARS,
2. ASHWINI M.C.
AGED ABOUT 31 YEARS,
D/O CHANDRA,
BOTH ARE RESIDENTS OF
1ST BLOCK, MULLUSOGE VILLAGE,
KUSHALNAGARA TQ
KODAGU DISTRICT - 571 201.
...APPELLANTS
Digitally
signed by (BY SRI. KALLEGOWDA S K.,ADVOCATE)
LAKSHMI T
Location:
High Court AND:
of Karnataka
1. THE STATE OF KARNATAKA
THROUGH KUSHALNAGARA TOWN P.S.,
REPTD. BY ITS S.P.P.,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. K.NAGESHWARAPPA, ADVOCATE)
-2-
CRL.A No. 449 of 2023
THIS CRL.A. IS FILED U/S.16 OF KAR.PROHIBITION
OF INTERST DEPOSITORS EXORBITANT ACT 2004
PRAYING TO SET ASIDE THE ORDER DATED 16.02.2023
PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, KODAGU AT MADIKERI IN CRL.MISC.NO.40/2023.
THIS APPEAL, COMING ON FOR ADMISSISION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned High Court Government Pleader takes notice
for respondent/State.
2. Heard both the sides and perused the material
on record.
3. This appeal is preferred under Section 16 of the
Karnataka Protection of Interest of Depositors in Financial
Establishments Act, 2004 ('KPIDFE Act', for short) against
the rejection of the petition filed under Section 438 of
Cr.P.C., seeking anticipatory bail, by the Court of Principal
District and Sessions Judge, Kodagu at Madikeri in
Criminal Misc No.40/2023.
4. In the complaint lodged by one Fairoz Ahamed
before the Kushalnagar Town police, it is alleged that
CRL.A No. 449 of 2023
accused No.1 along with her husband and her children and
one Saraswathi were doing chit business in the year 2020
and the complainant and other residents of Mullusoge
Village namely Leelavathi, Gowramma, Anil Kumar, Smt
Nagamma and others joined the said chit on an assurance
by the accused that they will be given higher amount. On
the said assurance, the complainant paid Rs.6,000/- per
month for a period of 21 months, and paid a total sum of
Rs.1,30,000/-. The accused were supposed to pay a sum
of Rs.1,50,000/- to the complainant, however even after
one year, they did not return the amount. On the other
hand, they told that they will sell the site and give the
amount, but cheated him. Further, the accused assaulted
one of the member by name Nagamma when she
requested them to return the amount and also abused and
threatened the complainant. Further, they have destroyed
the Account Book etc and thus cheated the complainant
and others.
CRL.A No. 449 of 2023
5. On the basis of the above complaint, a case in
Crime No.3/2023 was registered at Kushalnagar Town
Police Station against accused Nos.1 to 6 for offences
punishable under Sections 420, 120B, 201, 324 r/w 34 of
IPC and Section 9 of KPIDFE Act.
6. The appellants are arraigned as accused Nos.4
and 5 respectively in the FIR. It is alleged that accused
No.1 along with her husband i.e., accused No.2 and
children i.e., accused Nos.3 to 5 and one Saraswati i.e.,
accused No.6 were doing chit business and they collected
money from the complainant and others and subsequently
cheated them without paying the amount as assured. In
the complaint it is alleged that the amount was paid to
accused No.1. The specific allegations are also against her
that she assaulted one Nagamma with a utensil when she
requested her to return the amount. In the complaint it is
not specifically stated as to which of the accused abused
the complainant and threatened him etc. An omnibus
allegations are made that accused No.1 along with her
CRL.A No. 449 of 2023
husband and her children and a resident of Mullusoge i.e.,
accused No.6 were doing chit business and then induced
the complainant and others to become members and
cheated etc.
7. From the material on record it cannot be said at
this stage that there is a prima facie case made out
against the appellants who are shown as accused Nos.4
and 5 in he FIR. The appellants can be directed to appear
before the investigation officer and cooperate with the
investigation. Therefore, by imposing conditions the relief
sought by the appellants can be granted. Hence, the
following:
ORDER
Appeal is allowed.
The order dated 16.02.2023 passed by the Court of
Principal District and Sessions Judge, Kodagu at Madikeri
in Criminal Misc No.40/2023 is set aside.
CRL.A No. 449 of 2023
The appellants/accused Nos.4 and 5 are ordered to
be released in the event of their arrest in Crime No.3/2023
of Kushalnagar Town Police station, subject to following
conditions:
i. They shall appear before the
Investigating Officer within a period of one
week from the date of receipt of a copy of this
order and shall execute a personal bond each
in a sum of Rs.1,00,000/- (Rupees One Lakh
only) with two sureties for like sum.
ii. They shall cooperate with the
Investigation, whenever called upon to do so.
iii. They shall not tamper the
prosecution witnesses/evidence either directly
or indirectly.
iii. They shall not leave the jurisdiction
of the trial Court till the conclusion of
investigation, without prior permission of the
learned trial Judge.
iv. They shall furnish proof of their
residential address and shall inform the
CRL.A No. 449 of 2023
I.O./Court, if there is any change in the
address.
v. They shall be regular in attending
the Court proceedings.
Sd/-
JUDGE
HB
