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2024 Supreme(Online)(Kar) 36595
CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 1592 OF 2024 C/W CRIMINAL PETITION NO. 1587 OF 2024 CRIMINAL PETITION NO. 1595 OF 2024 CRIMINAL PETITION NO. 1596 OF 2024 IN CRL.P NO. 1592/2024 BETWEEN:
SRI. AMIT CADDY, S/O PETER CADDY, AGED ABOUT 40 YEARS, RESIDENT OF PURVA PARK WAY, GROUND FLOOR NO.10, FLAT NO.003, HALL ROAD, RICHARD TOWN, BENGALURU - 560 005.
…PETITIONER Digitally signed by (BY SRI. S. SREEVATSA, SENIOR COUNSEL FOR SOWMYA D SRI. UDITA RAMESH, ADVOCATE)
Location:
High Court AND:
of Karnataka
1. THE STATE OF KARNATAKA, BY BELLANDUR POLICE STATION, BENGALURU - 560 103, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.
CRL.P No. 1596 of 2024 NC: 2024:KHC:9555
2. M. SRINIVASAN, SON OF LATE MUTHUSAMY GOUNDER, AGED ABOUT 70 YEARS, CHAIRMAN, GEAR FOUNDATION, RESIDING AT NO.175, GEAR ROAD, DODDAKANNELLI, BENGALURU - 560 035.
…RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ISSUE A DIRECTION U/S 438 OF CR.P.C., 1973, THAT IN THE EVENT OF ARREST OF THE PETITIONER / ACCUSED NO.3 IN CONNECTION WITH FIR NO.0265/2023 DATED 26.07.2023, FOR THE OFFENCE U/S 34, 120B, 406, 420 OF IPC, 1860, REGISTERED BY THE BELLANDUR POLICE STATION, BENGALURU, PENDING ON THE FILE OF LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-63) (ANNEXURE-A) THE PETITIONER SHALL BE RELEASED ON BAIL ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE.
IN CRL.P NO. 1587/2024 BETWEEN:
SMT. ASHWINI B.M, D/O SRI. MANJUANTH B.R, AGED ABOUT 27 YEARS, RESIDING AT NO.7, NEAR ATTIMARAMMA TEMPLE, DOMLUR, BENGALURU - 560 071.
…PETITIONER (BY SRI. S. SREEVATSA, SENIOR COUNSEL FOR SRI. UDITA RAMESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY BELLANDUR POLICE STATION, BENGALURU - 560 103, CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.
2. M. SRINIVASAN, SON OF LATE MUTHUSAMY GOUNDER, AGED ABOUT 70 YEARS, CHAIRMAN, GEAR FOUNDATION, RESIDING AT NO.175, GEAR ROAD, DODDAKANNELLI, BENGALURU - 560 035.
…RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ISSUE A DIRECTION U/S 438 OF CR.P.C., 1973, THAT IN THE EVENT OF ARREST OF THE PETITIONER / ACCUSED NO.3 IN CONNECTION WITH FIR NO.0265/2023 DATED 26.07.2023, FOR THE OFFENCE U/S 34, 120B, 406, 420 OF IPC, 1860, REGISTERED BY THE BELLANDUR POLICE STATION, BENGALURU, PENDING ON THE FILE OF LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-63) (ANNEXURE-A) THE PETITIONER SHALL BE RELEASED ON BAIL ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE.
IN CRL.P NO. 1595/2024 BETWEEN:
SRI. HARIMOHAN VENUGOPAL NAIDU, S/O VENKATASWAMY VENUGOPAL NAIDU, AGED ABOUT 70 YEARS, RESIDENT OF NO.14, CHARLS COMPBELL ROAD, COX TOWN, BENGALURU - 560 005.
…PETITIONER CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 (BY SRI. S. SREEVATSA, SENIOR COUNSEL FOR SRI. UDITA RAMESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY BELLANDUR POLICE STATION, BENGALURU - 560 103, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.
2. M. SRINIVASAN, SON OF LATE MUTHUSAMY GOUNDER, AGED ABOUT 70 YEARS, CHAIRMAN, GEAR FOUNDATION, RESIDING AT NO.175, GEAR ROAD, DODDAKANNELLI, BENGALURU - 560 035.
…RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ISSUE A DIRECTION U/S 438 OF CR.P.C., 1973, THAT IN THE EVENT OF ARREST OF THE PETITIONER / ACCUSED NO.3 IN CONNECTION WITH FIR NO.0265/2023 DATED 26.07.2023, FOR THE OFFENCE U/S 34, 120B, 406, 420 OF IPC, 1860, REGISTERED BY THE BELLANDUR POLICE STATION, BENGALURU, PENDING ON THE FILE OF LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-63) (ANNEXURE-A) THE PETITIONER SHALL BE RELEASED ON BAIL ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE.
CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 IN CRL.P NO. 1596/2024 BETWEEN:
1. SRI. PETER CADDY, S/O LATE OSWAL CADDY, AGED ABOUT 69 YEARS, RESIDENT OF PURVA PARK WAY, GROUND FLOOR NO.10, FLAT NO.0003, HALL ROAD, RICHARD TOWN, BENGALURU - 560 005.
2. SMT. SANGEETHA CADDY, W/O PETER CADDY, AGED ABOUT 58 YEARS, RESIDENT OF PURVA PARK WAY, GROUND FLOOR NO.10, FLAT NO.0003, HALL ROAD, RICHARD TOWN, BENGALURU - 560 005 …PETITIONERS (BY SRI. S. SREEVATSA, SENIOR COUNSEL FOR SRI. UDITA RAMESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, BY BELLANDUR POLICE STATION, BENGALURU - 560 103, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.
2. M. SRINIVASAN, SON OF LATE MUTHUSAMY GOUNDER, CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 AGED ABOUT 70 YEARS, CHAIRMAN, GEAR FOUNDATION, RESIDING AT NO.175, GEAR ROAD, DODDAKANNELLI, BENGALURU - 560 035.
…RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ISSUE A DIRECTION U/S 438 OF CR.P.C., 1973, THAT IN THE EVENT OF ARREST OF THE PETITIONER / ACCUSED NO.3 IN CONNECTION WITH FIR NO.0265/2023 DATED 26.07.2023, FOR THE OFFENCE U/S 34, 120B, 406, 420 OF IPC, 1860, REGISTERED BY THE BELLANDUR POLICE STATION, BENGALURU, PENDING ON THE FILE OF 3RD ADDL. CMM COURT, NRUPATHUNGA ROAD, BENGALURU CITY (ANNEXURE- A) THE PETITIONER SHALL BE RELEASED ON BAIL ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO IMPOSE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These petitions have been filed by the petitioners under Section 438 of Cr.P.C., for seeking anticipatory bail in the event of their arrest in Bellanduru Police Station, Crime No.265/2023, registered for the offences punishable under Sections 120(B), 406 and 420 read with Section 34 of the IPC which is pending on the file of 3rd Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bangalore City.
CRL.P No. 1596 of 2024 NC: 2024:KHC:9555
2. The brief factual matrix leading to the case are that the complainant had lodged a complaint on 26.07.2023 alleging that he is an educationalist and required a capital amount of Rs.200.00 crores to set up an educational institution, but he was lacking the funds. It is further alleged that, during this period he was introduced to the petitioner Peter Caddy, who said to have assured him to secure funding in the form of loans and monetary investment. It is further alleged that, the petitioner peter caddy, had also taken more than 100 signed cheque leaves, promissory notes, signed blank papers and land documents from the complainant and later on he convinced him to transfer a sum of Rs.21.00 crores to him. It is further alleged that, when he had no more money or documents that could be extracted from him, the said Peter Caddy alleged to have threatened him to leak the morphed photos and when the complainant refused the said demand, the cheque bounce cases were initiated CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 against him by Peter Caddy. Hence, it is alleged that said Peter Caddy had cheated, extorted and blackmailed him.
3. On the basis of these allegations, a complaint was lodged against as many as 38 persons. But in the complaint, the complainant has only narrated details of 9 accused and details of accused Nos. 10 to 38 are not disclosed. The Government officials were also implicated in this case. On the basis of this complaint FIR came to be issued in Bellanduru Police Station in Crime No.265/2023 and apprehending their arrest, the petitioners have approached the learned Sessions Judge seeking anticipatory bail and the learned Sessions Judge rejected the bail petition filed by the present petitioners. Hence, the petitioners are before this Court.
4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader respondent-State. Perused the records.
5. The allegations made in the complaint itself discloses that they are only against accused CRL.P No. 1596 of 2024 NC: 2024:KHC:9555 No.1/petitioner Peter Caddy. However, the complaint was lodged against more than 38 persons and in what way, the transactions that has been taken place are not at all forthcoming.
6. Further, on perusal of the entire complaint, it is evident that the allegations have been made without disclosing the specific dates. Admittedly, the complainant claims himself to be an educationalist. However, he asserts that he has given 100 blank signed cheques, blank signed stamp papers, promissory notes etc. It is for the complainant to explain what compelled him to issue the blank documents and cheques as under Sections 118 and 120 of the N.I. Act, 1881, there is a presumption in favour of the petitioner peter caddy. It is for the complainant to substantiate his defence in the cheque bounce cases filed against him but he cannot take advantage of making a bald allegations and only on the basis of this bald allegations the petitioners cannot be asked to languish in custody.
CRL.P No. 1596 of 2024 NC: 2024:KHC:9555
7. Apart from that it is alleged that the transactions have taken place in the year 2018 but the complaint was lodged on 26.07.2023. Hence, there is a delay of nearly five years in lodging the complaint. Further the offences alleged are not exclusively punishable with death or life imprisonment and are triable before the learned Magistrate.
8. Looking to these facts and circumstances, I do not find any impediment for admitting the petitioners on anticipatory bail. The other apprehens
