MR SANTHOSH KUMAR v. STATE OF KARNATAKA

STATE OF KARNATAKA THROUGH JP NAGAR POLICE STATION BENGALURU REPRESENTED THROUGH THE LEARNED STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001. (BY SRI. RAHUL RAI K, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST AT THE HANDS OF THE RESPONDENTS, IN RELATION TO MATTER BEARING FIR / CRIME NO.93/2015 REGISTERED WITH J.P.NAGAR POLICE STATION AND CURRENTLY RE- NUMBERED AS MATTER BEARING C.C.NO.1325/2019, PENDING ON THE FILE OF XXX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - NC: 2024:KHC:17575 CRL.P No. 4652 of 2024 ORDER

1. Heard Sri.Bharath Kumar.V, learned Counsel for the petitioner and Sri.Rahul Rai.K, learned High Court Government Pleader for the respondent-State.

2. The petitioner herein is seeking anticipatory bail under Section 438 of Cr.P.C in C.C No.1325/2019 pending on the file of XXX Additional Chief Metropolitan Magistrate, Bengaluru and in Crime No.93/2019 of the respondent Police Station, registered for the offence punishable under Section 420 of Indian Penal Code (for short 'IPC'). Brief facts of the case:

3. It is the case of the prosecution that a case came to be registered by the respondent police at the instance of Sri.Ramesh who is a complainant in this case. It is alleged that the petitioner herein was the erstwhile owner of the Innova car bearing its registration No.KA-01- D-2823 and he had sold the said vehicle on 27.08.2011. After having received the amount, the petitioner had affixed his signature on Form Nos.29 and 30. - 3 - NC: 2024:KHC:17575 CRL.P No. 4652 of 2024

4. It is further alleged that even after selling the said vehicle, the petitioner herein had requested the complainant for retention of the said vehicle in his possession and offered the complainant to pay a monthly rent of Rs.30,000/-. Believing his version, complainant has consented for possession of the said vehicle. Even after lapse of several months, the petitioner has neither paid the rental amount nor returned the vehicle to the complainant. Hence, a complaint.

5. It is the submission of the learned counsel for the petitioner that a false case has been registered against the petitioner stating that the petitioner even though had sold his vehicle to the complainant, retained possession thereof on a promise that the rent would be given to the complainant by retaining the said vehicle.

6. It is further submitted that the complainant stated to have not received the rent from the petitioner for his car, consequently, he filed a complaint before the jurisdictional police. The jurisdictional police have filed the - 4 - NC: 2024:KHC:17575 CRL.P No. 4652 of 2024 charge sheet, however, the complainant has managed that summons should not be served to the accused and he was successful in getting issuance of NBW against the accused. It is his further submission that even though the accused was residing in the same address as mentioned in the cause title, no notice or summons have been served. The absence of the accused in appearing the Court is not intentional but it is a bonafide mistake. The petitioner will abide the condition imposed by this Court in the event of his release on bail. Making such submission, the learned counsel for petitioner prays to allow the petition.

7. Per contra, learned HCGP respondent – State vehemently opposed the bail application and submitted that the petitioner remained absent and he was not attending the Court regularly. In fact, the petitioner has not appeared before the Trial Court after filing of the charge sheet. Inspite of summons having been received, the accused remained absent. Therefore, the Trial Court rightly issued proclamation and - 5 - NC: 2024:KHC:17575 CRL.P No. 4652 of 2024 NBW. If the petition is allowed there may be chances of absconding from the case and also the chances of hampering the Court proceedings. Therefore, the petition may be rejected.

8. After having heard the learned counsel for the respective parties and also perused the date of alleged incident and also the punishment prescribed for the offence under Section 420 of IPC, it is appropriate to consider the said application. It is further noticed here that on a careful reading of the averments of the charge sheet, it appears that there is a breach of contract between the parties which is purely a civil in nature. However, the learned counsel submits that the petitioner has not received any notice nor any summons from the Court for his appearance. Having considered the said submission and his undertaking to keep the petitioner present before the Court on all dates of hearing, it is appropriate to grant bail to the petitioner by imposing suitable conditions. - 6 - NC: 2024:KHC:17575 CRL.P No. 4652 of 2024

9. Accordingly, I proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.93/2015 of the respondent Police Station and in C.C No.1325/2019 pending on the file XXX Additional Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:- a. The petitioner shall furnish personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer and Trial Court. b. The petitioner shall not abscond nor tamper the prosecution witnesses; c. The petitioner shall appear before the Trial Court on all dates of hearing. - 7 - NC: 2024:KHC:17575 CRL.P No. 4652 of 2024 d. The petitioner shall surrender before the Trial Court within one month from today, in case, if the petitioner surrenders before the Trial Court, the Trial Court shall consider the application filed, if any, on the same day and he may be enlarged on bail in view of the anticipatory bail granted to the petitioner. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. In view of the disposal of the main petition, I.A No.1/2024 stands disposed of as it becomes infructuous. Sd/- JUDGE UN List No.: 2 Sl No.: 121