Case Note & Summary
The petitioner, Sri Mohammad Asmathulla, former Regional Head of CGRCML Company, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in Crime No.326/2020 registered at Rural Police Station, Davanagere. The case involved allegations that the petitioner, along with other accused (employees of UCO Bank), defrauded farmers by promising loans of Rs.5 lakhs each and subsidies of Rs.2 lakhs each, ultimately collecting Rs.17 crores from Vinve Agri Traders, Hyderabad. The complainant and 35 other farmers were induced to provide revenue records and other documents. The petitioner was not named in the FIR and was only implicated as accused No.6 based on his role as Regional Head. The court heard arguments from both sides. The petitioner's counsel argued that the petitioner had no direct involvement and was not named in the FIR, while the State opposed bail citing the gravity of the offence. The court analyzed that the petitioner was not named in the FIR and no specific overt act was attributed to him. The court held that no prima facie case of criminal breach of trust or cheating was made out against the petitioner. Consequently, the court allowed the petition and granted anticipatory bail subject to conditions including executing a personal bond of Rs.2,00,000 with two sureties, cooperating with investigation, not tampering with evidence, and appearing before the investigating officer as required.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Prima Facie Case - Petitioner, ex-Regional Head of a company, sought anticipatory bail in a case involving alleged cheating of farmers of Rs.17 crores - Court held that since the petitioner was not named in the FIR and no specific overt act was attributed, no prima facie case of criminal breach of trust or cheating was made out against him - Bail granted with conditions (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of CrPC in connection with Crime No.326/2020 registered for offences under Sections 406, 409, 420, 465, 468 and 471 read with Section 34 of IPC.
Final Decision
Petition allowed. Petitioner granted anticipatory bail subject to conditions: executing a personal bond of Rs.2,00,000 with two sureties, cooperating with investigation, not tampering with evidence, and appearing before the investigating officer as required.
Law Points
- Anticipatory bail
- Prima facie case
- Criminal breach of trust
- Cheating
- Forgery
- Section 438 CrPC
- Section 406 IPC
- Section 409 IPC
- Section 420 IPC
- Section 465 IPC
- Section 468 IPC
- Section 471 IPC
