V.VENKATACHALA GOWDA Vs. STATE

JUDGEMENT

(1.) The petitioners are before this Court seeking for being released on anticipatory bail in the event of their arrest in respect of FIR in Crime No.0051/2020 dated 28.01.2020 pending on the file of XI ACMM, Mayo Hall Court, Bengaluru.

(2.) The complaint was filed by one Siddalinga Prasad Wali on 27.01.2020 alleging that Travels Manvith Holiday Club Pvt. Ltd., organized a trip to Andaman wherein his mother has travelled in the group that had left Bengaluru on 24.01.2020 from Bangalore Airport. Accused No.1-Arul Prakash, who is the husband of petitioner No.2, Son-in-law of petitioner No.1 and brother-in-law of petitioner No.3 had collected a sum of Rs.21,000 from each passenger and promised a proper tour of Andaman with stay in a good hotel. The amount collected included the charges towards to and fro air fare, stay at Andaman, tour guide, local hotel and food. However, when the tour passengers reached Andaman they were not met by any tour guide and they themselves went to the hotel where they were informed that there is no booking. Hence, they were made to stay outside the hotel without any food and there was no one to take care of them. Further, they realized that the tour guide who has to provide them return tickets also did not come and there were no return tickets available for their return from Andaman to Bengaluru.

(3.) It is in this background that they had to make their own arrangement for stay at Andaman and return therefrom and on return, the above complaint was filed initially against Mr. Arul Prakash arraigning him as sole accused for the offence punishable under Section 420 of IPC. Subsequently, the petitioners were also included mainly on the ground that all the petitioners are Directors of the Company. In view of the inclusion of the petitioners as accused, the petitioners are before this Court apprehending arrest and have sought for the release on bail in the event of their arrest.