IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.4775/2017 BETWEEN:
1. MAYURA, AGED ABOUT 30 YEARS, S/O. GOPALEGOWDA, 2. KUMARA, AGED ABOUT 43 YEARS, S/O. VENKATARAMEGOWDA, PETITIONERS NO.1 AND 2 ARE R/AT DODDAGADIGANAHALLY VILLAGE, BOOKANAKERE HOBLI, K.R.PET TALUK, MANDYA DISTRICT – 571 423.
(BY SRI P. NATARAJU, ADV.,) AND:
STATE OF KARNATAKA BY K.R. PET RURAL POLICE STATION, MANDYA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI S. VISHWAMURTHY, HCGP) .
...PETITIONERS ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.111/2017 OF K.R.PET RURAL P.S., MANDYA DISTRICT FOR THE OFFENCE P/U/S 420, 468, 504, 114 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri.P.Nataraju, learned counsel for the petitioners and Sri.S.Vishwamurthy, learned High Court Government Pleader for respondent/State.
2. The petitioners apprehend arrest by the respondent-Police in their Crime No.111/2017 registered for the offences punishable under Sections 420, 468, 504, 114 R/w with Section 34 of IPC.
3. The allegation is, petitioner No.1 helped the complainant to run a Fuel Station/Petrol Bunk by lending money. He has misappropriated `19,70,000/- which was obtained as loan for the purpose of the Petrol Bunk by forging the signature of the complainant in the Cheque and credited to his personal account. When the complainant demanded for the money, the accused persons threatened to do away with her life so also of her husband.
4. Learned counsel for the petitioners submits that in fact petitioner No.1 intended to cancel the contract with the Complainant and at his instance she had returned `19,70,000/-. When demanded for the remaining amount of `10,30,000/- with an intention to knock off the amount, she has filed the complaint.
5. The complaint allegation indicate that it is money dispute between the parties and given the colour of offence under IPC. Under the circumstances, there is no impediment to allow the petition. The petition is allowed. The petitioners are granted anticipatory bail in Crime No.111/2017 of respondent/police, subject to the following conditions:
i. They shall appear before the respondent-Investigating Officer forthwith. In that event, the Investigating Officer is at liberty to interrogate them.
ii. In the event of their arrest, they shall be released on bail on each of them executing a self bond for a sum of `50,000/- (Rupees fifty thousand only) with one surety for the like sum to the satisfaction of the Investigating Officer.
Sd/- JUDGE TL