IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JUNE 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.4368/2017 BETWEEN:
C.J.MURALIDHAR AGED 42 YEARS SON OF SRI CHIKKA JAYARAM R/AT: NO.5, 1ST G STREET JOGUPALYA, ULSOOR BANGALORE – 560 008. …PETITIONER (BY SRI K.RAM SINGH, ADV. FOR SRI SYED IRSHAD AHMED, ADV.) AND:
STATE OF KARNATAKA BY PULAKESHI NAGAR POLICE STATION (REPRESENTED BY SPP HIGH COURT BANGALORE – 560 001). ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.41/2017 OF PULAKESHINAGAR P.S., BANGALORE FOR THE OFFENCES P/U/S 417, 420, 464, 465, 468, 471, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner (A-2) apprehends arrest by the respondent-police in their Cr.No.41/17 in respect of the offences punishable under sections 417, 420, 464, 465, 468, 471, 506 r/w section 34 of IPC.
3. In its essence, the complaint allegation is that the 1st accused Girish Keerthi/ a friend of the husband of the complainant, by exploiting his ill-health, concocted the document pertaining to him. The 1st accused and the petitioner presented a false affidavit created in the name of the complainant’s husband to the BDA with an intention to cheat the complainant etc.
4. Learned counsel for the petitioner submits that this is the second complaint filed by the complainant. The previous complaint was investigated and on finding that there is no truth in the allegation, it was closed. Thereafter the BDA executed a sale deed in favour of the petitioner. The present complaint is filed only to settle the score. The complainant has filed a civil suit in respect of the very same property.
5. In the light of the facts demonstrated above, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is granted anticipatory bail in Cr.No.41/2017. He shall forthwith appear before Investigating Officer. In that event, the respondent-Investigating Officer is at liberty to interrogate him. In the event of his arrest, he shall be enlarged on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum. He shall co- operate with the respondent-Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE