Accused Nos.1 and 2 in Crime No.44/2023 registered by the Ballari CEN Police Station, Dist.Ballari for the offence punishable under Sections 3 , 21(1) , (2) and (3) of the Banning of Unregulated Deposit Schemes Act, 2019 , Section 66 (D) of the Information Technology Act, 2000, (for short, 'I.T.Act') and Section 420 read with Section 34 of the Indian Penal Code (for short, ' IPC ') are before this Court under Section 438 of the Cr.P.C. in these two petitions.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.44/2023 was registered by the Ballari CEN Police station, Dist.Ballari against the petitioners on the complaint of Oppatheswara S/o. Nagappa dated 26.09.2023. Apprehending arrest in the said case petitioners herein who are arrayed as accused Nos.1 and 2 in the FIR had filed Crl.Misc.No.832/2023 and Crl.Misc.No.831/2023 before the Court of Principal District -4- NC: 2024:KHC-D:84 CRL.P No. 103297 of 2023 C/W CRL.P No. 103299 of 2023 and Sessions Judge, Ballari, which was rejected on 17.11.2023. Therefore, they are before this Court.

4. Learned counsel for the petitioners submits that, prima facie the offence punishable under Section 420 of the IPC does not get attracted in the present case. He submits that petitioners are ready and willing to co- operate with the investigation. Accordingly, he prays to allow the petitions.

5. Learned High Court Government Pleader has opposed the bail applications and she submits that petitioners have cheated many other persons in addition to the complainant and therefore custodial interrogation of petitioners is required and accordingly, prays to dismiss the petition.

6. In the complaint dated 26.09.2023, it is averred that the complainant was informed by his acquaintance- Padmanabha Reddy about he having invested his money in the Company Known as Success Capital in Belagum and he had also informed the complainant that the said Company -5- NC: 2024:KHC-D:84 CRL.P No. 103297 of 2023 C/W CRL.P No. 103299 of 2023 would be giving good returns for the investment. Subsequent to such an information given by Padmanabha Reddy, the complainant himself had approached the accused persons who are the partner's of the Company and had invested amount of Rs.19,85,147/-. According to the complainant though the accused persons had assured that they will be paying good returns to the investment made by him, they have neither paid the returns nor had repaid the amount invested by the complainant.

7. From reading of the complaint, it is seen that the complainant himself had approached the accused persons and had invested money in the company. There is no allegation as against the accused persons that they had approached the complainant and induced him to invest money in the company. Therefore, prima facie doubt arises whether the offence under Section 420 of IPC would get attracted as against the accused persons. Accused have undertaken to co-operate with the police for the purpose of investigation. The maximum punishment for -6- NC: 2024:KHC-D:84 CRL.P No. 103297 of 2023 C/W CRL.P No. 103299 of 2023 the alleged offences is imprisonment for a period of 7 years. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of the anticipatory bail is required to be answered in the affirmative. Accordingly the following:

It is made clear that investigating officer shall release them on the same day on or before 6.00.p.m.

(ii) Petitioners/accused Nos.1 and 2 shall execute personal bond for a sum of Rs.1,00,000/- each with 01 surety for the likesum to the satisfaction of the investigating officer.

(iii) Petitioners/accused Nos.1 and 2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

(iv) Petitioners/accused Nos.1 and 2 shall not tamper with the prosecution witnesses either directly or indirectly.

(v) Petitioners/accused Nos.1 and 2 shall not involve in similar offences in future.

JUDGE AC List No.: 1 Sl No.: 35