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K. NATARAJAN
Nagavalli – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking anticipatory bail in Crime No.139/2022 registered by Kumaraswamy Layout Police Station, Bengaluru for the offences punishable under Sections 506, 504, 406, 420 read with Section 34 of IPC.
2. Heard the arguments of learned Senior Counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that the complainant-Sampangi Ramaiah had filed a complaint to the Police on 24.04.2022, alleging that the petitioners are said to be running financial business in the name of Siri Vaibhava Souharda Pattina Sahakari Niyamitha (hereinafter referred to as 'Society') and the petitioners induced the complainant that they will pay 14% interest on the fixed deposit in their Society. Therefore, the complainant said to be invested crores of rupees in the said Society and in spite of maturing the FD, the petitioners-Society did not pay the amount invested by the complainant. The petitioners-Society said to have been collected and cheated more than Rs.5.00 crores and when the complainant approached the petitioners, the petitioners s
The main legal point established in the judgment is the consideration of a prima facie case, the stay on further proceedings, and the potential detention without due process of law in granting antici....
Criminal breach of trust and cheating – To attract offences under Sections 420 and 406 of IPC there should be intention to cheat from beginning itself.
The need for exceptional circumstances to grant anticipatory bail, the protection of personal liberty, and the presumption of innocence.
Anticipatory bail in cases of grave socioeconomic offenses, such as large-scale financial misappropriation, is not permissible when custodial interrogation is essential for investigation and no subst....
The judgment establishes that the grant of anticipatory bail in economic offences is an extraordinary remedy and should be considered only in exceptional cases, balancing the rights of the accused wi....
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