Crl.Misc No.12720/2022 IN THE COURT OF LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH70) Present: Sri Rajesh Karnam K., B.Sc., LL.B.,LL.M., LXIX Additional City Civil and Sessions Judge, Bengaluru. Dated this the 11th day of January, 2023 Crl. Misc. No.12720/2022 PETITIONER : Vijay Kumar Shival, S/o Suresh Shival, Aged about 37 years, R/at No.47329, 4th Floor, Koamath Basthi Nammapalli Basthi, Isakai Bazaar, Himayath Nagar, Kachigud, Hyderabad city. Permanent at: No.Nil Saleem Nagar, Flyover Pillar 475, Opp. Malkipet, Hyderabad (In Judicial Custody) Vs RESPONDENT: State of Karnataka By SHO, V.V.Puram P.S. Rep. by Public Prosecutor City Civil and Sessions Judge Bangalore. (By Public Prosecutor) Crl.Misc No.12720/2022 ORDER ON BAIL PETITION FILED U/SEC. 439 OF CR.P.C. This bail application is filed by the petitioner/accused seeking bail as he has been allegedly committed offence punishable u/secs. 420, 465, 468 of IPC in Cr. No. 155/2022 of V.V.Puram P.S.
2. The accused submits the complaint made is as
follows: The complainant along with his family residing in the address given. The complainant is running dry fruits shop at Centrinan Building, New Taragupet, 3rd Main Road, Chamarajpet, Bengaluru. Three months earlier the complainant mobile No. is 8792723001, one Vijaya Kumar Seeval approached and took the complainant mobile number to do business in Amazon. The complainant sent dry fruits sample and quotation rate to do business in Amazon. In regard to the said transaction, the complainant sent Rs.60,00,000/ through RTGS. The complainant approached the said person to market the dry fruits in Amazon in turn one Vijay Kumar Seeval demanded more money. The complainant got suspicion on this person and made enquiry in Amazon company Crl.Misc No.12720/2022 about the said person. The complainant came to know that there was no connection between Amazon company and the Vijay Kumar Seeval. As such, the complainant filed the complaint. The respondent arrested the accused and produced before the 24th ACMM. Accordingly, this bail application is filed.
3. The grounds of bail petition is, he is innocent of the alleged offence. There is no question of commission
of alleged offence directly or indirectly. There is unreasonable delay in lodging the complaint from 8.9.2022 to 5.12.2022. Therefore, this fact itself creates doubt about the credibility of the complaint. The petitioner submits that, the voluntary statements recorded by the police as per their whims and fancy to suit the case of the complainant. Though the petitioner is innocent, involved in a false crime. The complainant all of sudden expected crores together profit from the petitioner. However, he has jeopardized the business of the accused. At no point of time, the petitioner has misappropriated the amount and only on assumption, the complainant has made false complaint. There is no chance of threatening the prosecution witnesses. The petitioner hails from respectable family and have no bad Crl.Misc No.12720/2022 antecedents. The petitioner submits that he is ready and willing to abide by any conditions that would be imposed on him by this Hon'ble Court. He is permanent resident of the address stated in the cause title and they will not flee away from the jurisdiction of this Hon'ble Court and has not been convicted by any court as such the petitioner is entitled to the relief of bail. With these contentions petitioner prays for grant of bail.
4. The learned Public Prosecutor filed objections and submitted that this is a case of online cheating and
in the guise of Amazon company has allowed to do the the business to the petitioner, he has created documents of Amazon company and tried to decive the complainant. Therfore, the jurisdictional I.O. is to be given free hand to deal with the matter. As the matter is under is under investigation, the bail would not be granted. In case the bail is granted the accused may abscond and they may commit similar offence. The investigation is pending and the charge sheet is not yet filed. Therefore, the bail cannot be granted.
5. I.O. has filed report and CD. I.O.submits that he
has to ascertain some documents from the Amazon company. Rs.60,00,000/ has been spent for the Crl.Misc No.12720/2022 personal need of the petitioner. The golden ornaments are purhased at Hyderabad and about Rs.25,00,000/ amount has been spent to purchase the property and Rs. 10 to 11 lakhs has been transferred to his friends and also spent for personal needs. The representation made by the accused is not fair and proper. He has made attempt to deceive the complainant, which is evident from the investigation. Accordingly, seeks rejection of the bail.
6. Heard the arguments of both sides and perused
the available materials on records.
7. The points that arise for my consideration are as under:
1. Whether petitioner is entitled for bail under Sec.439 of Cr.P.C.?
2. What order?
8. My finding on the above points are as follows: Point No.1: In the affirmative
Point No.2: As per final order for the following;
REASONS
Crl.Misc No.12720/2022
9. Point No.1: The learned counsel for the accused
argues that, the Amazon company has certified the accused to do the business and his business certificate in Ecommerce is valid upto 13.9.2025. The Amazon has recognized the petitioner as a Ecommerce trader and it has been issued by Gopal Pillai, Director and General Manager of Amazon India. The petitioner has placed all the necessary documents of his identification, his family members. The petitioner's mother is not well, she has been admitted at Gunturu for treatment. The petitioner is a permanent resident of Hyderabad and his parents hails from Gunturu. Therefore, considering the same, the accused may be granted conditional bail. In this regard he relies on citation reported in 2019(5) KCCR 631 and submits that the bail is rule and the petitioner is to be granted conditional bail, keeping the petitioner in judicial custody for long period cannot be reasonable one. As such, if there is no tampering of witnesses, then bail is to be granted on stringent conditions.
10. The learned PP opposes the bail application and
submitted that the accused may abscond if bail is granted and cause delay in investigation. There is possibility of keeping certain materials away from the Crl.Misc No.12720/2022 police, which may hamper conclusion of the investigation and also future trial. Accordingly, seeks dismissal.
11. On going through the material on record, considering the nature of transactions being business
transactions, they are of civil nature, to consider whether there is deceiving made by the accused, it has to be investigated by the I.O. In the present circumstances, at this stage, as the accused is under judicial custody since the date of first remand on 6.12.2022, this court feels the accused may be released on conditional bail considering the nature of transaction. Accordingly point for consideration is answered in affirmative.
12. Point No.2: By considering the above over all
reasons this court proceed to pass the following; O R D E R The petition filed by the petitioner U/Sec. 439 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. 155/2022 of jurisdiction police station that registered for the offences punishable u/sec. 420, 465, 468 of IPC. The accused shall furnish surety for an amount of Crl.Misc No.12720/2022 Rs.60,00,000/, any immovable property of his person or his family members with cash surety of Rs.5,000/ on the following conditions. CONDITIONS (1) The accused shall not threaten the prosecution witnesses directly or indirectly. (2) The petitioner shall not tamper prosecution witnesses. (3) The petitioner shall furnish his residential proof and all the particulars as per the documents placed, hails from Hyderabad. As such, he has to furnish appropriate permanent resident documents and proof of his business place. (4) The petitioner shall shall furnish his bank particulars before the trial court. (5) The petitioner shall appear before the I.O. when called for. (6) He accused shall appear before the trial court on all hearing dates without fail. (Dictated to the JW transcript thereof is corrected, signed and pronounced by me in open court on this the 11th day of January, 2023) (Rajesh Karnam.K.) 69th Addl.C.C. & Sessions Judge, Crl.Misc No.12720/2022 Bengaluru. Crl.Misc No.12720/2022