IN THE COURT OF LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 70) Present: Sri. Rajesh Karnam K.,B.Sc.,LL.B.,LLM., LXIX Additional City Civil and Sessions Judge, Bengaluru. Dated this the 27th day of September, 2022 Crl.Misc.No. 9043/2022 Petitioner : Smt. Manjula aged 52 years, w/o Suresh Nagaraj Shastry No. 77, 2NBD cross, MEI colony, laggere, Peenya 3rd stage, Bengaluru­560 097. (By Sri S.S. Chalke, Adv.) Vs. Respondents: State of Karnataka, By the Station House Officer, Rajarajeshwari Nagar, Bengaluru. (By Public Prosecutor) ORDER ON BAIL PETITION FILED U/SEC. 438 OF CR.P.C. The petitioner above named being Accused in Cr No. 196/2019 on the file of respondent P.S. for the offences punishable u/sec.34, 406 and 420 of IPC, has 2 Crl.Misc.No. 9043/2022 filed this bail petition seeking an order of anticipatory bail.

2. It is alleged in the complaint that M/s

Horsepower Associates Trading LLC had invested a sum of Rs.29,25,00,000/­ to Sri. Shankara Financiers and consultants and its partners N. Srinivas Prasad and Binish Krishnan took the amounts and inspite of the cancellation of the transaction, they paid only and amount of Rs.5 crores and there was a balance of Rs.24,25,00,000/­ required to be paid by them and that on 05.06.2016 the petitioner acted as a mediator and took responsibility to pay balance amount of Rs.24,25,00,000/­ to the company and that no payment was made necessitating the company to file a complaint through the Consulate General of India, Dubai tot he Deputy Commissioner of police, Bengaluru District on 09.01.2017 and as the accused persons had cheated the company, sought for suitable action to be taken against the company.

3. The petitioner contends that the complaint is

false and she has falsely roped in the present case. she has no role in the alleged transaction. There is no specific allegation against the petitioner and the allegations will not constitute offence against this petitioner and on other grounds sought for anticipatory bail. The co accused her husband has been enlarged on bail. 3 Crl.Misc.No. 9043/2022

4. Per contra the learned Public Prosecutor filed

objection along with report and contending that if petitioner enlarged on bail, she may tamper with the witness and evidence or she may flee from the jurisdiction and also contending that the money involved in this case is huge, the transaction has to be invested. On all the other grounds rebutted the petition for anticipatory bail.

5. Heard the arguments of both sides and perused

the materials available on record.

6. The points that arise for my consideration are as under:

i. Whether petitioner is justified in seeking anticipatory bail u/sec. 438 of Cr.P.C.? ii. What order?

7. My finding on the above points are as follows: i. Point No.1: In affirmative. ii. Point No.2: As per final order on the following

REASONS

8. On perusal of the material placed before this

Court both the petitioner and the prosecution, it depicts that the respondent police has registered Crime No.196/2019 against the petitioner for the offence punishable under Sec.34, 406 and 420 of IPC, on the 4 Crl.Misc.No. 9043/2022 complaint filed by one Lochan S. Morey. It is alleged that the company of the petitioner i.e. M/s Horsepower Associates Trading LLC, UAE has invested Rs.29,25,00,000/­ in the petitioner's company. The said amount was taken by one N. Srinivas Prasad, Binish B. Krishnan since the transaction has cancelled, the above said petitioner and other 2 have to return the said amount and out of total amount they have only repaid Rs.5,00,00,000/­ and the balance amount of Rs.24,25,00,000/­ have to be paid by the above said persons to the complainant. The petitioner herein has taken responsibility to repay the balance amount, but in spite of repeated request the petitioner and the above persons have not paid the said amount. Hence, the complainant sought for action against the above 3 persons. On the complaint respondent police have registered the case against above 3 persons. The petitioner herein apprehend that she may be arrested, since the accused No.1 is already arrested in the above said case.

9. On going through the material on record the

record shows that the investigation is completed and the charge sheet is filed and the another accused is enlarged on bail by the Hon`ble HIgh Court of Karnataka . The petitioner has also produced the order copy which shows that the Hon`ble High Court of Karnataka in Crl.P No. 254/2020 has granted bail to the accused SureshNagaraj 5 Crl.Misc.No. 9043/2022 Shastry. The petitioner is praying to extend the ground of parity as she stands on same footing. She is ready to obey the conditions of the court that maybe imposed on her release on bail. As such the petitioner has made out grounds to enlarge on bail. Hence, petitioner deserves to be allowed. Accordingly this point is answered in affirmative.

10. Point No.2: By considering the above over all reasons this court proceed to pass the following;

ORDER

The petition filed by the petitioner u/Sec. 438 of Cr.P.C., is hereby allowed. In the event of arrest, respondent police is directed to release the petitioner in connection with case in Cr. No. 196/2019 registered for the offences punishable u/sec.406, 420 r/w 34 of IPC on executing personal bond of Rs. 1,00,000/­ with one surety for the like sum to the satisfaction of the trial court, subject to the following conditions; CONDITIONS

1. The petitioner shall appear before the IO within 10 days from the date of receipt of this order.

2. the petitioner shall not threaten the prosecution witnesses directly or indirectly.

3. The petitioner shall not indulge in any offences .

4. The petitioner shall furnish the correct address proof before the trial court.

5. The petitioner shall appear before the court regularly. 6 Crl.Misc.No. 9043/2022

(Dictated to the JW on computer, corrected, signed and pronounced by me in open court on this the 27th day of Digitally signed by KESHAVRAOSeptember , 2022) RAJESH KARNAM DN: cn=KESHAVRAO RAJESH KESHAVRAO KARNAM,ou=PRINCIPLE JUDGE RAJESH FAMILYBALLARI,o=DIRECTORCOURT OF Date: 2022.10.22 13:58:16 IST KARNAM(Rajesh KarnamTREASURIES,st=Karnataka,c=IN K.) LXIX Addl.C.C. & Sessions Judge, Bengaluru.