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2025 DAILYLAW 34003 (KAR)

SRI K T PEMMAIAH v. STATE BY BELLANDUR POLICE

CRL.P/11145/2023 · 2025-02-10

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5940 CRL.P No. 11145 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11145 OF 2023 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. K.T. PEMMAIAH S/O LATE K K THIMMAIAH AGED ABOUT 60 YEARS, R/AT G-18, B BLOCK, V S CHALET, LBS NAGAR, BENGALURU - 560 017. …PETITIONER (BY SMT. YUKTHA YAJAMAN, ADVOCATE FOR SRI. SUBBA REDDY K.N, ADVOCATE) AND: STATE BY BELLANDUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 100. …RESPONDENT (BY SRI. RANGASWAMY. R., HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.265/2023 OF BELLANDURU P.S., BENGALURU CITY FOR THE OFFENCE P/U/S.120-B, 406, 420 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.MISC.NO.9990/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5940 CRL.P No. 11145 of 2023 ORAL ORDER Petitioner, arraigned as accused No.27 in Crime No.265/2023 registered at Bellanduru Police Station has preferred this petition seeking anticipatory bail. 2. Complaint is lodged by one M. Srinivasan on the basis of which aforesaid crime is registered against 38 accused for offences punishable under Section 120B, 406, 420 of IPC. 3. Complainant is said to be a retired Founder Principal and Chairman of GEAR Innovative International School at No.175, Gear Road, Doddakanneli, and also Founder and President of the Association of Management of CBSC Schools of Karnataka. 4. It is averred that the complainant envisioned a unique school to promote culture, arts, academics and sports academics as an integral part of the school and a project was estimated to cost about Rupees 200 Crores and therefore, he was scouting for a non banking finance and in this connection, he met accused No.1-Peter Caddy. - 3 - NC: 2025:KHC:5940 CRL.P No. 11145 of 2023 5. In the detailed complaint, the complainant has alleged that the said Peter Caddy and his associates who are not known to him and have no contact, have cheated him etc. 6. Entire reading of the complaint does not disclose any specific overt acts attributed against the petitioner herein, except vague allegation that Peter Caddy and his associates and family members, named in the FIR have cheated and committed criminal breach of trust etc., It is alleged that accused No.1-Peter Cadey has started to harass the complainant by misusing documents and cheques which were extracted by him in the guise of security, by filing false cases at different places of the country and thereby he has tried to extract money illegally on one or the other pretext. It is also alleged that the said Peter Caddy has cheated hundreds of people and there are several FIRs registered against him. 7. This Court vide order dated 09.11.2023 has granted interim bail to the petitioner. It is observed in the order that 'the entire allegations in the complaint is only - 4 - NC: 2025:KHC:5940 CRL.P No. 11145 of 2023 against accused No.1, Peter Caddy. In the typed complaint which runs about 13 pages omnibus allegations are made and there is no specific allegation made against the petitioner which would attract the alleged offences against him. The role played by the petitioner in committing the alleged offence is also not stated in the complaint'. 8. This Court while granting interim bail has directed the petitioner to appear before the Investigating Officer and execute a bond for a sum of Rs.1,00,000/- with two sureties for the likesum. 9. Learned High Court Government Pleader has filed a memo along with the police report dated 13.01.2025, stating that the petitioner has complied with the bail order conditions and he has been co-operating with the investigating agency. 10. In the light of the above, petition deserves to be allowed. Accordingly, the following: ORDER i) Petition is allowed. - 5 - NC: 2025:KHC:5940 CRL.P No. 11145 of 2023 ii) The bond executed by the petitioner as directed in the interim bail order dated 09.11.2023 shall hold good. iii) He shall continue to co-operate with the investigation of the case and shall not directly or indirectly make any attempt to tamper the prosecution witnesses/evidence. iv) He shall furnish his residential address / contact number and shall inform the Investigating Officer, if there is change in the address / contact number. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 9