This petition is filed by the petitioner-accused under

Section 438 of Cr.P.C., for granting anticipatory bail in

Crime No.71/2022 registered by Subramanyanagar Police

Station, Bengaluru for the offence punishable under 120B,

406, 409, 420 r/w 34 of IPC.

2.

Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondent-State.

3.

The case of the prosecution is that the

complainant Sri Ravindra B.S. filed a complaint alleging that

he came in contact with petitioner-accused when he was

purchasing some property at Nelamangala from his father.

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The petitioner asked the complainant to invest the money in

M/S. Sunness Capital India Pvt Ltd., as he has also a

franchisee holder and he will get 50% of the consultant

from the said company. Believing the said words, the

complainant had invested the money in the Sunness Capital

India Pvt Ltd., about 4 crores from time to time and he has

received a sum of Rs.2,66,86,000/- from time to time but

still Rs.1,33,14,000/- is pending. When the same was

asked, the accused started avoiding the complainant and

also not paid the money. After making investment by the

complainant to M/S. Sunness Capital India Pvt Ltd., the

petitioner did not introduce the Managing Directors or the

Directors of the company to the informant/complainant.

Thereafter, he came to know that the said company and the

Directors of the company were also involved in this. The

account was seized and subsequently, the complainant filed

a complaint and registering the case.

4.

The petitioner has approached the 69th Addl.

District and Sessions Judge, at Bengaluru (CCH-70) in

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Crl.Misc.6588/2022, which came to be rejected vide order

dated 12.08.2022. Hence, the petitioner-accused is before

this Court for grant of anticipatory bail.

5.

Learned counsel for the petitioner submits that

the family members of the petitioner were also invested

some crores of money in the Sunness Capital India Pvt Ltd.,

and the accounts of the complainant revealed that he has

received more than the amount what he has invested and

therefore, the account at Axis Bank and the Canara Bank

have freezed and subsequently, it was de-freezed by the

bank by creating lien over the account and the complaint

was filed only after the mother of this petitioner filed a

complaint against the M/S. Sunness Capital India Pvt Ltd.,

The petitioner has not involved in any cheating or

misappropriation of the amount of the company. In fact,

the complainant has received more than the amount what

he has invested in the company as per the amount available

in the account of the complainant at Axis Bank. He is ready

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to abide by any of the conditions that may be imposed for

grant of bail.

6.

Per contra, learned HCGP., objected the bail

petition that submits that as per the instructions, the

complainant has invested the money in the M/S. Sunness

Capital India Pvt Ltd., through the petitioner and the

company has cheated various people. Hence, a case was

registered in Shankarapuram Police Station. Matter is still

under investigation. Therefore, he is required for custodial

interrogation. Hence prays for dismissal of the petition.

7.

Having heard the learned counsel for the

petitioner and the learned HCGP., which reveals that it is

not in dispute that the petitioner is an authorised franchisee

holder of M/S. Sunness Capital India Pvt Ltd., The accused

No.2 herein and who is also accused Nos.1 and 2 in Crime

No.11/2021 in Shankarapuram Police Station registered a

case on the complaint of the mother of the petitioner

against M/S. Sunness Capital India Pvt Ltd., for collecting

huge amount from the family members of the petitioner and

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said to be cheated by introducing various schemes. After

facing the case by the police, the account of the petitioner

was freezed and thereafter de-freezed. Admittedly, the

petitioner is a franchisee holder of M/S. Sunness Capital

India Pvt Ltd., As per the complainant, he has yet to

receive