Karnataka High Court
Abeed Ron vs The State Of Karnataka on 9 September, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC:36872
CRL.A No. 945 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 945 OF 2024
BETWEEN:
ABEED RON,
S/O. ABDUL RAHAMAN,
AGED ABOUT 44 YEARS,
R/A NO.23, 18TH CROSS,
KANAKA NAGAR,
BENGALURU NORTH,
R.T. NAGAR,
BENGALURU-560 032
...APPELLANT
(BY SRI. RANGANATHA T.R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally
signed by BY YELAHANKA NEW TOWN POLICE STATION,
YAMUNA K L BENGALURU-560 064.
Location: High REPRESENTED BY STATE PUBLIC PROSECUTOR,
Court of
Karnataka HIGH COURT OF KARNATAKA,
BENGALURU-560 001
2. MS. SEEMA G.,
D/O G. THIPPANNA,
AGED ABOUT 40 YEARS,
NO.6-310,
'VAISHNAVI SERENE',
BEHIND CRPF, IVRI ROAD,
-2-
NC: 2024:KHC:36872
CRL.A No. 945 of 2024
YELAHANKA,
BANGALORE-560 064
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
SRI. KARTHIK KUMAR R., ADVOCATE FOR R2)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 02.05.2024
PASSED BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE, BENGALURU IN
SPL.C.NO.773/2024 IN REJECTING THE BAIL APPLICATION
FILED BY THE APPELLANT U/S 439 OF CR.P.C.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Heard the learned counsel for appellant, Learned
High Court Government Pleader for the State and learned
counsel for Respondent No.2/de-facto complainant.
2. The appellant/accused is arrested in connection with
Crime No.63/2024 of Yelahanka New Town Police Station,
registered for the offence punishable under Sections 417,
420, 384 and 504 of IPC and Sections 3(1)(r), 3(1)(s),
NC: 2024:KHC:36872
3(2)(v-a) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Ordinance, 2014 (in
short SC/ST (POA) Act).
3. The learned Sessions Judge, by an Order dated
02.05.2024, has rejected the bail application filed by the
accused under Section 439 of Cr.P.C.
4. This appeal is preferred to set aside the impugned
order passed by the learned Sessions Judge and to enlarge
the appellant on bail.
5. The gist of the complaint dated 05.02.2024 lodged
by Respondent No.2 is that, the appellant and the
complainant were friends and their friendship turned into
love and they were in a live-in relationship for the past
one year. The complainant divorced her first husband in
the month of November 2022. The appellant herein by
showing some Sheriya papers, made the complainant to
believe that he got divorce from his first wife. Both of
NC: 2024:KHC:36872
them were living together with mutual consent and
decided to marry.
6. It is alleged that, when they were living together,
appellant took a total sum of Rs.37.42 lakhs from the
complainant, by cash. The said amount was given to the
appellant by the complainant by taking loan, pledging her
ornaments etc. Subsequently, the behaviour of the
appellant changed drastically and he started ignoring the
complainant. He was forcing the complainant to arrange
Rs.1 crore to invest in some new business venture and the
complainant tried to collect the said amount from one of
her friends. However, the said amount could not be
arranged. The appellant started black-mailing her to pay
Rs.4 crores, threatening that otherwise he would leak her
private pictures and videos in the internet etc. Later, the
complainant came to know that the appellant has not
divorced his wife. He stopped responding to her and
thereby, caused mental harassment and cheated her etc.
NC: 2024:KHC:36872
7. The appellant claims to be innocent. It is contended
that the entire allegations are false and frivolous. It is
also contended that even if the entire allegations are
accepted, it is in the nature of civil dispute. The
ingredients of the offences alleged are not made out. The
offences alleged are not punishable with death or
imprisonment of life. The learned counsel further
contended that there is already a complaint filed under
Section 138 of the Negotiable Instruments Act by the
complainant. He submitted, the appellant is ready and
willing to abide by any conditions. Accordingly, he has
sought to allow the appeal.
8. Opposing the prayer for bail, learned High Court
Government Pleader and the learned counsel appearing for
Respondent No.2 would contend that the allegations are
serious in nature. The appellant has not only cheated the
complainant to the tune of lakhs of rupees, but also
abused and insulted the complainant, who belong to
scheduled caste and there is one more case registered
NC: 2024:KHC:36872
against the appellant which is under investigation. It is
contended that, if the appellant is enlarged on bail, he
may try to intimidate the complainant and other
prosecution witnesses.
9. The learned Sessions Judge, while dismissing the
application filed under Section 439 of Cr.P.C., has
observed that the chances of accused absconding if
released on bail seems reasonable one and more over,
prima facie, it appears financial dispute and therefore, if
the accused is granted bail, it would disrupt the fair-trial
concept.
10. The allegations made against the accused have to be
established in a full-fledged trial. Admittedly, the appellant
and the complainant were friends and they were in a live-
in relationship. It is also not disputed that the
complainant has filed a cheque-bounce case against the
appellant. Investigation is completed and charge-sheet is
also filed.
NC: 2024:KHC:36872
11. Considering the entire facts and circumstances of the
case and also considering that the appellant has no
criminal antecedents, by imposing necessary conditions,
the relief sought in the appeal can be granted. The
appellant is already interrogated. Accordingly, the
following:
ORDER
The Order dated 02.05.2024 passed by the Court of
LXX Addl. City Civil and Sessions and Sessions Judge,
Bengaluru in C.C.No.773/2024, is set aside.
Appellant/accused in Special C.No.773/2024, arising
out of Crime No.63/2024 of Yelahanka New Town Police
Station, Bengaluru city, is ordered to be released on bail,
subject to following conditions:
i) He shall execute a personal bond for a sum of
Rs.1,00,000/- with two sureties for the likesum to the
satisfaction of the learned Sessions Judge.
NC: 2024:KHC:36872
ii) He shall furnish proof of his residential address and
shall inform the Investigating Officer/Court if there is
change in the address.
iii) He shall not tamper with the prosecution
witnesses/evidence in any manner.
iv) He shall not try to influence, intimidate or threaten
the complainant/victim directly or indirectly.
vi) He shall be regular in attending the trial proceedings.
If any of the above conditions are violated,
prosecution or the victim are at liberty to seek cancellation
of the bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
BNV
