ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) seeking for anticipatory bail in Crime no.107/2023 of Karwar Town Police Station, Karwar for offences punishable under Sections 406 and 420 of Indian Penal Code (‘IPC’ for short) by accused (petitioner).

2. Sri Nayana Kumar, learned counsel for petitioner submitted, petitioner is law abiding citizen and permanent resident of Chandigarh without any antecedents. She is homemaker residing with children and old aged parents-in-law who are dependent on her. At outset, it was submitted, complaint was registered more than one year ago on 08.09.2023. Despite lapse of time, police had neither completed investigation and filed charge sheet nor filed ‘B’ report. Absolutely no incriminating material was available against petitioner. Therefore it was evident that her arraignment was to harass and spoil her reputation. On said ground sought for grant of bail by imposing any conditions, which petitioner undertook to comply. It was submitted rejection of bail petition by learned District Judge was without proper appreciation of above facts and circumstances.

3. On other hand Sri Jairam Siddi, HCGP opposed petition. It was submitted complaint was received and FIR registered on 08.09.2023, Investigating Officer had diligently pursued investigation and got recorded statements of three victims under Section 164 of CrPC. He had also issued notice under Section 41A(1) of CrPC to petitioner on 21.11.2024, which petitioner had failed to respond too. Under above circumstances, as investigation was pending and as per complaint petitioner was alleged to have cheated 23 persons on false promise of securing jobs overseas, petitioner was not entitled for anticipatory bail. It was further submitted petitioner was resident of Chandigarh and was likely to jump bail. On above grounds sought for rejection of bail.

4. Heard learned counsel.

5. From above, only point that would arise for consideration is:

“Whether petitioner is entitled for anticipatory bail on conditions?”

6. This petition for anticipatory bail is by petitioner basing her apprehension of imminent arrest on registration of Crime no.107/2023 by Karwar Town Police for non-bailable offences as stated above.

7. Nature of offences are serious as offence under Section 406 of IPC is punishable with imprisonment for three years and of cheating under Section 420 of IPC punishable with imprisonment which may extend to seven years.

8. Narration in complaint would indicate that by making false promise and creation of records showing appointment to high paying overseas jobs, petitioner had extracted huge sums of money of Rs.5,00,000/- in case of petitioner and from 22 others would indicate that it is perhaps a racket, which would be matter of grave concern.

9. But it is rather glaring that FIR was registered on

08.09.2023 and nearly one and half years since only noteworthy progress celebrated is issuance of notice to petitioner that too on 21.11.2024 and recording of statements of three persons under Section 164 of Cr.PC. This would indicate that investigation is being conducted callously or attempting to match snail’s pace, prompting this Court to consider petitioner’s claim for anticipatory bail on this ground alone. Besides, petitioner has produced her Aadhaar card showing her permanent residence along with family. Concerns of prosecution that she is likely to abscond or jump bail can be met by imposing appropriate conditions. In view of above, point for consideration is answered in affirmative. Hence following:

ORDER

Petition is allowed. Petitioner - accused is ordered to be enlarged on bail, in case of her arrest in Crime no.107/2023 of Karwar Town Police Station, for offences punishable under Sections 406 and 420 of IPC, subject to following conditions:

a) Petitioner shall appear before Investigating Officer within 15 days from date of this order and execute