At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE ASHOK S. KINAGI
For the Petitioners: M.T. Rangaswamy, Advocate. For the Respondent: K.P. Yashodha, HCGP.
(Prayer: This Criminal Petition is filed Under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.80/2020 of Peenya P.S., Bangalore City for the offence p/u/s 506, 504, 420, 120-B, 354 r/w Section 34 of IPC and u/s 76 of Chit Funds Act, 1982.)1. Petitioners have filed this petition seeking for anticipatory bail.2. The brief facts of the case are that the complainant filed a complaint before the police alleging that the complainant became a member of three chits run by Ramdev Chouhan and in total a sum of Rs.7,50,000/- has been invested by the complainant and Ramdev Chouhan promised her to repay the said amount as and when demanded by the complainant. The complainant demanded the chit fund amount from Ramdev Chouhan. He went on postponing the same by saying one or the other reason. That on 20.02.2020 the complainant went to the house of Ramdev Chouhan and demanded to repay the amount, but Ramdev Chouhan instead of repaying the amount, abused her and questioned her as to why she is coming to his house frequently and threatened her with dire consequences. Again on 26.02.2020, the complainant went to the house of Ramdev Chouhan, wherein she came to know that Ramdev Chouhan has vacated the house and locked shop. Thereafter, she lodged a complaint against accused Nos.1 to 5. The police registered a criminal case in Crime No.80/2020 for offence punishable under Sections 506, 504, 420, 120-B and 354 r/w Section 34 of IPC and also under Section 76 of Chit Funds Act, 1982. The petitioners have filed a bail application in Crl.Misc.No.2804/2020 before LXXI Addl. City Civil and Sessions Judge, Bangalore (CCH-72). The trial Court dismissed the bail application filed by the petitioners. Hence, the petitioners have filed this criminal petition.3. Heard the learned counsel appearing for the petitioners/accused Nos.4 and 5 and the learned HCGP for the respondent -State.4. Learned counsel appearing for the petitioners/accused Nos.4 and 5 submits that the petitioners have nothing to do with the alleged offence. The petitioners are innocent and they have no role in the chit funds. He further submits that there are no allegations against these petitioners in the complaint lodged by the complainant. He further submits that the allegations made by the complainant are general in nature and petitioner No.1 is a woman and petitioner No.2 is employed in a reputed company. Hence, he prayed to allow the petition.5. Per contra, learned HCGP for the respondent-State opposes the petition.6. Perused the records and also a copy of the complaint. There are no allegations against the petitioners in the complaint. The main allegation is against Ramdev Chouhan who received the money from the complainant and the petitioners have not received any amount from the complainant. Further the petitioners have nothing to do with the chit business, which was carried out by Ramdev Chouhan. Petitioner No.1 is a woman and petitioner No.2 is working in a reputed company and it is observed above that there are no allegations against these petitioners. Hence, the petitioners are entitled to the enlarged on anticipatory bail.7. Accordingly, petition is allowed. Consequently, the petitioners/accused Nos.4 and 5 shall be released on bail in the event of their arrest in connection with Crime No.80/2020 of Peenya Police Station, registered for the offences punishable under Sections 506, 504, 420, 120-B and 354 r/w Section 34 of IPC and also under Section 76 of Chit Funds Act, 1982, subject to the following conditions:i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of certified copy of this order and they shall execute personal bond for a sum of Rs.1,00,000/- each with two surety for the likesum to the satisfaction of the concerned Investigating Officer;ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses;iii) The pet
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itioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer as and when called for;iv) The petitioners shall not leave the jurisdiction of the court without the prior permission of the trial Court, andv) The petitioners shall mark their attendance on every second Saturday before the Investigating Officer between 10 am., to 5 pm., till the charge sheet is filed.