MR.VIRUPAKSHAPPA M.C v. STATE BY KARNATAKA

(BY SRI NAVEED AHMED, ADV.) AND: STATE BY KARNATAKA BY BYADARAHALLI POLICE STATION, REPRESENTED BY SPP HIGH COURT, BENGALURU - 560 001. (BY SRI RAHUL RAI K, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.590/2024 DATED 10.09.2024 REGISTERED BY BYDARAHALLI P.S., FOR THE OFFENCE P/US/ 406,409,420,506 R/W SEC.34 OF IPC 1860 PRODUCED AT ANNEXURE A PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2024:KHC:48137 CRL.P No. 11849 of 2024 ORAL ORDER

#1. Accused no.2 in C.C.No.11975/2024 pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, arising out of Crime No.590/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Sections 406, 419, 420, 506, 34 IPC, is before this Court under Section 439 Cr.PC seeking regular bail.

#2. Heard the learned Counsel for the parties.

#3. FIR in Crime No.590/2024 was registered by Byadarahalli Police Station, Bengaluru City, initially for the offences punishable under Sections 406, 409, 420, 506, 34 IPC against Manjappa and the petitioner herein on the basis of the first information dated 10.09.2024 received from Pradipta Bhaskar. During the course of investigation of the case, petitioner herein was arrested on 15.09.2024 and remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.2235/2024 was rejected on

23.10.2024. Therefore, he is before this Court.

#4. Learned Counsel for the petitioner submits that the petitioner is a aged person and investigation of the case is - 3 - NC: 2024:KHC:48137 CRL.P No. 11849 of 2024 completed. He submits that an amount of Rs.20 lakhs has been already recovered from the petitioner in the present case during the course of investigation. Though FIR was registered for the offence punishable under Section 409 IPC, while filing charge sheet, the police have deleted the said offence. Accordingly, he prays to allow the petition.

#5. Per contra, learned HCGP has opposed the petition.

#6. The allegation found against the accused in the first information dated 10.09.2024 is that they had taken money from the first informant in the guise of securing a Post- Graduate medical seat to his daughter. According to the first informant, totally a sum of Rs.1,31,75,800/- was transferred to the account of the accused persons, and subsequently, another sum of Rs.26 lakhs was paid in cash on various dates to them. During the course of investigation of the case, petitioner herein was arrested on 15.09.2024 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed.

#7. The material on record would go to show that during the course of investigation, a sum of Rs.20 lakhs in cash has been - 4 - NC: 2024:KHC:48137 CRL.P No. 11849 of 2024 recovered from the petitioner. Learned Counsel for the petitioner submits that subsequently the defacto complainant has withdrawn the said amount before the Trial Court. Though the first information was initially registered for the offence punishable under Section 409 IPC, after investigation, the police have deleted the said offence in the charge sheet. The charge sheeted offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Investigation of the case is completed and charge sheet has been filed. Petitioner is in custody from 15.09.2024. He is aged about 61 years. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail is required to answered affirmatively. Accordingly, the following order:

#8. The petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.11975/2024 pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, arising out of Crime No.590/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences - 5 - NC: 2024:KHC:48137 CRL.P No. 11849 of 2024 punishable under Sections 406, 419, 420, 506, 34 IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE KK