Priya @ Baby A.K vs State Of Karnataka By Begur Police Station, Bengaluru-560085

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.244/2021 of Beguru Police Station, Bengaluru,

for the offence punishable under Sections 420 and 406 read with 34 of IPC.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case is that the complainant was having acquaintance with accused No.1 from last 12 years and he came to the house of

the complainant along with his friends Jagadeesh, Srinivas and Priya stating that he is now working with politicians and if any lead of getting the job, he

will get the job and collected the amount in the name of accused No.1 and also in the name of Jagadeesh to the Bank account of Karnataka Bank and

Canara Bank. In total, an amount of Rs.15,18,000/- was paid, but did not get any job and committed the breach of trust and fraud.

The learned counsel for the petitioner would submit that the allegation against this petitioner is that she is having love affair with accused No.1 and

no payment is made in favour of the petitioner and only allegation is that this petitioner also accompanied accused Nos.1 and 3 and the offence is not

punishable with death or imprisonment for life.

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that this petitioner also accompanied

accused Nos.1 and 3 to the house of the complaint and payments are made in favour of accused No.1 and one Jagadeesh/accused No.3 and

involvement of this petitioner is clear that amount was collected in the guise of getting job.

Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and also on

perusal of the material on record, the allegation against this petitioner is that she accompanied accused Nos.1 and 3. But in the complaint, specific

allegation is made against accused Nos.1 and 3 that they have received the amount into their bank account of Karnataka Bank as well as Canara

Bank on different dates and details are also furnished in the complaint. The allegation in the complaint against this petitioner is that she was also called

over the phone, but she did not give any proper reply. Having taken note of the said fact into consideration, I am of the opinion that this petitioner is

entitled for bail, since no amount is credited to the her account.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.244/2021 of Beguru Police Station,

Bengaluru, for the offence punishable under Sections 420 and 406 read with 34 of IPC, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against her is disposed

of.