C.M. GOUTHAM Vs. STATE

JUDGEMENT

(1.) The petitioner in Crl.P.No.8172/2019 is arraigned as accused no.1 and the petitioner in Crl.P.No.8215/2019 is arraigned as accused no.2 in connection with Cr.No.197/2019 of Cubbon Park Police Station, registered for the offences punishable under Sections 120B, 420 r/w Section 34 of IPC.

(2.) The brief factual matrix of the case are that one Prakash K, Police Inspector, CCB, Special Investigation Team has lodged a complaint stating that he was investigating a case in Cr.No.124/2019 registered for the offences punishable under Section 120-B, 420 r/w 34 of IPC. While investigating the said matter he found that the petitioners were also involved in match fixing and betting, particularly in the KPL cricket league matches played in the year 2019 in the month of August, 2019, 15th to 31st. The specific allegation made against the petitioners are that the petitioner C.M.Goutam in Crl.P.No.8172/2019 was the captain of Bellary team and accused no.2 Abrar Khaji was also playing in the said team headed by said C.M.Goutam. It is alleged that accused C.M.Goutam was bribed to an extent of Rs.5,00,000/- for the purpose directing one of the players i.e., accused no.2 to give 10 runs in the 5th over. Accordingly, it is stated that the petitioner has received an amount of Rs.5,00,000/- and Rs.2,00,000/- was given to accused no.2 Abrar Khaji. Another allegation is that on 31.08.2019 there was a match between Hubballi and Bellary and this petitioner C.M.Goutam was bribed for the purpose of playing slowly in the said match. Accordingly he played slowly and secured only 29 runs out of 37 balls, for that he has received Rs.15,00,000/-. In another match played between Bellary and Belgaum, the said understanding was entered into between the parties. But looking to the above said facts and circumstances, the learned counsel submitted that in both the matches, Bellary won the match and therefore the allegations made are not proper and correct.

(3.) Be that as it may, the offences alleged against these petitioners are under Section 420 of IPC. The learned counsel seriously contended before the court that offences under Section 420 of IPC is not punishable with death or imprisonment for life and the maximum punishment is with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine. The police have followed the guidelines issued in the decision of the Hon'ble Apex Court in (2014) 8 SCC 273 - Arnesh Kumar vs. State of Bihar and another, that even the Magistrate has to examine the necessity of detaining the accused persons. The principles laid down by the Hon'ble Apex Court has not been followed. In the above said facts and circumstances and the nature of allegations, as the offences are not punishable either with death or imprisonment for life as the accused have already arrested and interrogated and thereafter they have been sent to judicial custody. The application also discloses that they are not required for any investigation. Further added to that, the learned counsel has also brought to the notice of this court that in another case where similar allegations are made, the accused has already been released on bail under Section 437 of Cr.P.C. Therefore I am of the opinion, that the petitioners who are also stand on the same footing are entitled to be enlarged on bail subject to certain conditions. Though the learned counsel brought to the notice of this court that the directions of the Hon'ble Apex Court have not been followed, but in this particular case, I am of the opinion that it would suffice if an order is passed grating bail to the petitioners on the same conditions. Hence, the following: ORDER The Criminal Petitions are allowed. Consequently, the petitioners shall be enlarged on bail in connection with Crime No.197/2019 of Cubbon Park Police Station, Bengaluru for the alleged offences subject to the following conditions:-