Collins Benjemin vs State of Karnataka

A.S. Pachhapure, J.—The Petitioner in both the cases is the Managing Director of the Royal Garden City Enterprises Pvt. Ltd., a Company incorporated under the provisions of the Companies Act, 1956 and its business is to develop lands, put up construction of buildings and to sell one same. The complainants in both the cases have entered into agreements with the Petitioner by booking their residential villas. At the time of the agreements, the complainant in PCE No. 7609/10 paid an amount of 37,298 US Dollars, whereas the other complainant paid an amount of Rs. 63 lakhs and there were certain terms and condition''s incorporated in the agreements so far as completion of construction and handing over the possession. It appears that the Petitioner did not comply the said conditions incorporated in the agreements.

In such circumstances, one of the complainants approached the Magistrate by filing complaint in P.C.R. No. 7609/2010 and the other complainant has approached directly the Police and submitted a complaint to initiate action against the Petitioner for the offences punishable under Sections 420 IPC and 120(A) and (B), 415, 416, 420, 421 r/w. 34 IPC respectively. It is under these circumstances that the Petitioner apprehending his arrest in both the crimes has approached this Court, seeking anticipatory bail,

It is contended that the allegations are false and that the Petitioner has not committed any offence much less the one alleged. The reason was only because of some such circumstances beyond his control. It is further submitted that he is ready and willing to abide by any condition/s that may be imposed for his release on bail.

It is the contention of the learned Counsel for the Petitioner that it is purely a civil dispute and no offence is made out in the complaints and further that breach was because of circumstances beyond his control. The Petitioner would complete the construction of the residential villas at the earliest, point of time and handover possession of the same to the complainants.

Taking into consideration the fact that there were agreements between the Petitioner and the complainants and there may be breach of conditions, at this stage it cannot be said prima facie that the offences registered have been committed by the Petitioner. The presence of the Petitioner can be secured for the purpose of investigation and trial, by imposing certain conditions.

Taking into consideration the nature and gravity of the offences and the punishment provided, I am of the opinion that a case is made out for grant of anticipatory bail.

In that view of the matter, the petitions are allowed. The Petitioner is ordered to be released on bail in the event of his arrest in Cr. Nos. 181/10 and 78/10 respectively of J.C. Nagar P.S., Bangalore City, registered for the offences p/u/Sections 420 IPC and 120(A) and (B), 415, 416, 420, 421 r/w. 34 IPC respectively on executing personal bonds for a sum of Rs. 1 lakh in each case with 2 solvent sureties for the like sum in each case to the satisfaction of the Arresting Authority with the further following conditions:

1) The Petitioner shall appear before the Po1ice concerned, within 15 day s from today.

2) He shall be made available for interrogation by a police officer as and when he is required.

3) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) He shall attend the Court as and when directed.

5) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. tall the charge sheet is filed.

6) He shall not leave India without the previous permission of the Court.