Karnataka High Court
Mr L C Krishna vs The State Of Karnataka on 1 October, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:40914
CRL.A No. 1727 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1727 OF 2024
BETWEEN:
1. MR L C KRISHNA
S/O LATE CHANNE GOWDA
AGED ABOUT 59 YEARS,
RESIDING AT NO.729
SECOTR 4, PANCHAKULA
HARYANA STATE PIN-134112.
...APPELLANT
(BY SRI. VEDAMURTHACHAR G.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION
MANDYA
REP BY STATE PUBLIC PROSECUTOR,
Digitally HIGH COURT OF KARNATAKA
signed by
BENGALURU-560001
LAKSHMI T
...RESPONDENT
Location: (BY SRI. RAJESH RAI., HCGP)
High Court
of Karnataka THIS CRL.A IS FILED U/S 16 OF KPIDFE ACT OF CR.P.C.
PRAYING TO a) SET ASIDE THE ORDER DTD 13.08.2024
PASSED BY THE HONBLE PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT MANDYA IN CRL.MISC.NO.500/2024. b) THE
APPELLANT MOST RESPECTFULLY PRAYS THAT THIS HONBLE
COURT BE PLEASED TO PASS AN ORDER, DIRECTING THE
RESPONDENT POLICE, TO ENLARGE THE APPELLANT ON BAIL,
IN THE EVENT OF HIS ARREST IN CR.NO.258/2015 OF MANDYA
WEST P.S., DTD 16.12.2015, FOR THE OFFENCES P/U/S
420,406,409 OF IPC, 1860, SEC.9 OF THE KARNATAKA
PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL
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NC: 2024:KHC:40914
CRL.A No. 1727 of 2024
ESTABLISHMENTS ACT, 2004, PENDING ON THE FILE OF
HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
MANDYA.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Appellant/accused No.16 has preferred this appeal
under Section 16 of the Karnataka Protection of Interest of
Depositors in Financial Establishments Act 2004 ('KPIDFE
Act' for short) praying to enlarge him on anticipatory bail
in Crime No.258/2015 registered at Mandya West Police
Station.
2. Heard both sides and perused the material on
record.
3. Aforementioned crime was registered against
21 accused persons, on a complaint lodged by one Sudha
S.N. wife of late B.Madaiah, for an offence punishable
under Section 420 of IPC.
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4. Petition filed by the appellant under Section 482
of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for
short) has been rejected by the Court of Principal District
and Sessions Judge, Mandya vide order dated 13.08.2024
passed in Crl. Misc No.500/2024. Hence this appeal.
5. It is alleged that the Directors of PSCL, India
Private Limited, Mandya and its advisors came to
complainant's Village, Gurudevanahalli and gave publicity
that the said company was established for the welfare of
the poor and if any amount is deposited, the depositors
will get double the amount invested by them, in 5 to 7
years.
6. The complainant is alleged to have deposited a
sum of Rs.15,000/- and similarly, various other persons
also deposited the amount, on an assurance given that the
said amount will be returned as assured on its maturity. It
is alleged that, even after its maturity and surrendering
the original bond, the accused without returning the
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amount as assured, cheated the complainant and other
depositors.
7. Learned Sessions Judge while rejecting the bail
petition, has observed that the appellant herein has
purchased two properties situated at Villupuram District,
Tamil Nadu and certainly one can conclude that he is not
innocent as he claims. It is further observed that the case
is registered in the year 2015 and even after a lapse of 9
long years, he was successful in evading the service of
notice and not submitting himself to the clutches of law.
8. It is contended by the learned counsel for
appellant that in the course of investigation, Section 9 of
KPIDFE Act was invoked by investigation agency, but the
said provision is not applicable to the appellant as the
ingredients of the offence in so far as the appellant is
concerned are not made out, as it is the allegation in the
complaint that he is only an advisor of the PACL Company
and not one of the Directors.
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9. The offence alleged is one under Section 420 of
IPC. Investigation is still under progress. Even though the
case was registered on 16.12.2015, appellant has not
been arrested. It is submitted that the investigation has
been taken over by the CID.
10. A perusal of the complaint averments goes to
show that the appellant, arraigned as accused No.16 has
been implicated on an allegation that he is an advisor to
PACL i.e., Pearls Agrotech Corporation Limited. It is not
alleged that he is one of the Directors or the Office bearer.
Be that as it may, the offence alleged are not punishable
with death or imprisonment for life. Appellant has
undertaken to cooperate with the investigation and to
abide by other conditions. Hence, subjecting himself to
terms and conditions, the relief sought by him can be
granted. Accordingly, the following:
ORDER
Appeal is Allowed.
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The order dated 13.08.2024 passed by the Court of
the Principal District and Sessions Judge at Mandya in
Crl.Misc No.500/2024 is set aside.
Appellant/accused No.16 in Crime No.258/2015
registered at Mandya West Police Station, Mandya is
ordered to be released, in the event of his arrest, subject
to following conditions:
1. He shall appear before the
I.O./jurisdictional Court within a
period of 10 days from the date of
receipt of a copy of this order and
shall execute a bond in a sum of
Rs.1,00,000/- (Rupees one lakh
only), with two sureties for the
likesum, out of which one shall be a
local surety.
2. He shall furnish proof of his
residential address and shall inform
the I.O/Court, if there is any change
in address.
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3. He shall cooperate with the
investigation of the case.
4. He shall not directly or indirectly
tamper with the prosecution
witnesses/evidence.
5. He shall not leave the jurisdiction of
the trial Court without the prior
permission of the learned Sessions
Judge.
6. He shall appear before the trial Court
regularly without fail.
SD/-
(MOHAMMAD NAWAZ)
JUDGE
HB
