Granting anticipatory bail based on lack of evidence and the need for custodial interrogation to unearth the truth, while emphasizing the accused's cooperation with the investigating agency.

JUDGMENT/ORDER

V Srishananda, J. - Heard Sri.Gopal Singh, learned counsel for petitioner and Sri.Vinayaka V.S., learned High Court Government Pleader for respondent-State.

2. The present petition is filed by accused No.1 under Section 438 of the Cr.P.C. with the following prayer:

'Wherefore the petitioner humbly pray before the Honourable court to be pleased to allow the petition and be pleased to direct the respondent Halasuru Gate Police to release the petitioner in the event of his arrest in Crime No.305/2022, the LIX Additional City Civil and Sessions Judge, at Bengaluru registered for offence punishable u/s 420 and 506 of Indian Penal Code imposing any conditions for which act of kindness the petitioner shall ever pray.'

3. Brief facts of the case is as under:

The complaint came to be lodged by one Bharath kumar Rawal son of late Bhavar Lal Rawal, whereby Halasurugate Police Station, Bengaluru city, registered a case in Crime No.305/2022 on 23.12.2022 for the offences punishable under Section 420 and 506 of Indian Penal Code (for short 'IPC')

4. The gist of the complaint averments reveal that the complainant and the accused were known to each other and there was business transactions between them. In pursuance of the same, he has taken 1 kg., 200 grams of gold bangles with an assurance that he would get 2% profit per month dealing with the gold ornaments and believing the words of the accused, the complainant parted away the gold bangles weighing 1 k.g., 200 grams and thereafter the petitioner has cheated the complainant.

5. After registering of the case, the matter has been investigated.

6. In the meantime, the petitioner approached the LIX Additional City Civil & Sessions Judge (CCH-60), Bengaluru, for grant of bail in Criminal Miscellaneous No.12774/2022. The learned Sessions Judge by order dated 31.12.2022 rejected the prayer of the petitioner. Thereafter, the petitioner is before this Court.

7. Reiterating the grounds urged in the petition, learned counsel for the petitioner vehemently contends that there is no proof for having parted away 1 k.g., 200 grams of gold bangles by the complainant to the petitioner and it is a false complaint lodged by the complainant against the petitioner and the complaint was lodged in view of the business rivalry and sought for grant of anticipatory bail.

8. Per contra learned High Court Government Pleader opposes the bail petition contending that the offence is serious enough and therefore custodial interrogation of the petitioner is very much necessary to unearth the truth in the incident and sought for rejection of the anticipatory bail.

9. In view of the rival contentions, this Court perused the materials on record meticulously.

10. On such perusal of the material on record, it is seen that there is a force in the arguments put forthwith on behalf of the petitioner that there are no documents to show that the complainant has parted away 1 kg 200 grams of gold bangles to the hands of the petitioner for the purpose of selling it and getting a profit at the rate of 2% per month.

11. Anyway, these aspects of the matter are to be investigated by the investigating agency and for such purpose custodial interrogation of the complainant is also necessary. However, taking note of the fact that the petitioner is not available to the investigating agency, directing the petitioner to join the investigation at the earliest, would meet the ends of justice.

Accordingly, this Court pass the following

ORDER

The Criminal Petition is allowed. Consequently, the petitioner - accused No.1 shall be released on bail, in the event of his arrest in connection with Crime No.305/2022 of Halasurugate Police Station, Bengaluru city, for the offences punishable under Sections 420 and 506 IPC, subject to the following conditions:

1. The petitioner is directed to appear before the investigating agency on 31.03.2023 at 10.00 a.m..

2. Investigating Officer is at liberty to take the petitioner to custody and complete the custodial inve