Karnataka High Court
Dr T P Lathamani vs State Of Karnataka on 30 December, 2024
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CRL.P No. 14238 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 14238 OF 2024
BETWEEN:
1. DR. T.P. LATHAMANI,
D/O LATE T.P. PUTTASWAMY,
AGED ABOUT 54 YEARS,
RESIDING AT NO.80, 3RD CROSS,
SATHNOOR ROAD, SHRESTA HOSPITAL,
CHANNAPATNA TOWN,
RAMANAGARA DISTRICT.
2. DR. AMBUJAKSHI T.P,
D/O LATE T.P. PUTTASWAMY,
AGED ABOUT 58 YEARS,
RESIDING AT NO.46, 1ST CROSS,
VIVEKANANDA ROAD,
Digitally BEHIND DENTAL COLLEGE,
signed by
PRAMILA G V VIDYA NAGAR, HASSAN - 573 202.
Location:
HIGH COURT 3. DR. DINESH KUMAR T.P,
OF S/O LATE T.P. PUTTASWAMY,
KARNATAKA AGED ABOUT 47 YEARS,
RESIDING AT NO.701, "BEGONIA" BLOCK,
SANKALP CENTRAL PARK,
NEAR JAVA FACTORY, YADAVGIRI,
MYSORE - 570 020.
...PETITIONERS
(BY SRI. DILIP KUMAR, ADVOCATE)
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AND:
STATE OF KARNATAKA BY SHO,
CHANNAPATNA RURAL POLICE STATION,
RAMANAGARA DISTRICT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS)
CR.P.C PRAYING TO DIRECT THE CONCERNED POLICE OF
CHANNAPATNA RURAL POLICE STATION, TO ENLARGE THE
PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.223/2024
OF CHANNAPATNA RURAL POLICE STATION FOR OFFENCE
P/US/ 420, 406, 504, 506, 34 OF IPC AND PENDING ON THE
FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC
COURT, CHANNAPATNA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
This petition is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) read with
Section 438 of Code of Criminal Procedure.
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2. The petitioners submit that there was a
transaction between the complainant and the petitioners
which was purely a civil transaction. It is stated that a
complaint is lodged against the petitioners giving a colour of
criminal offence, though there was no reason and occasion
for filing such a complaint. On apprehension of arrest, an
application is filed under Section 482 of BNSS seeking
anticipatory bail. The said application came to be rejected by
the learned Sessions Judge in terms of the order dated
16.12.2024 in Crl.Misc.No.1025/2024.
3. Learned counsel for the petitioners submits that
there is a threat of arrest and the learned Sessions Judge
committed an error in dismissing the petition on the premise
that there is no threat of arrest.
4. This Court has considered the contents of the
complaint dated 22.11.2024.
5. The complainant in the complaint states that the
accused named in the complaint induced the complainant to
pay Rs.1 crore with an assurance that the complainant would
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be made the partner of a hospital. It is further stated that
Rs.5 lakh is transferred to the account of petitioner No.1 on
27.02.2023 and on 19.05.2023 Rs.5 lakhs is transferred and
on 20.07.2023 Rs.90 lakhs is transferred. The complainant
alleges that the accused did not induct the complainant as a
partner and thereby defrauded the complainant. It is also
alleged that the accused induced the complainant with an
intention to cheat the complainant and make unlawful gain
for themselves.
6. The contents of the complaint would reveal that
there was some sort of business/money transaction between
the complainant and the accused. And amount is said to
have been transferred to the account of accused No.1.
Accused Nos.2 and 3 are the siblings of accused No.1.
7. On going through the contents of the complaint,
this Court is of the view that custodial interrogation is not
required in a case of this nature. The transaction of transfer
of money is well documented if the contents of the complaint
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are true. It is not possible to erase the records relating to
alleged transaction.
8. Hence, this Court is of the view that the
petitioners are entitled to anticipatory bail. Accordingly, the
following:
ORDER
i) Criminal Petition is allowed.
ii) The respondent – Police or any other Police in the
State of Karnataka are directed to release the petitioners in
the event of their arrest in Crime No.223/2024 registered by
Channapatna Rural Police Station, Ramanagara district, for
the offences punishable under Sections 420, 406, 504, 506
read with Section 34 of the IPC, subject to the following
conditions:
1. Petitioners shall appear before the
Investigating Officer within 15 days from the
date of receipt of the copy of this order and
shall execute personal bond for a sum of
Rs.50,000/- (Rupees Fifty thousand only)
each, with two sureties for the likesum to the
satisfaction of the investigating officer.
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2. Petitioners shall regularly appear before the
Trial Court without fail unless exempted by
the Trial Court for valid reasons.
3. Petitioners shall not tamper with the
prosecution witness and they shall co-
operate with the Police for investigation and
appear before them whenever called upon.
4. Petitioners shall not involve in similar
offences in future.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RD
CT: BHK