IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6564/2017 BETWEEN:
1. G. BOOBAL S/O LATE GOVINDAPPA, AGED ABOUT 40 YEARS, OCC: PROPRIETOR, M/S. RAMU ENTERPRISES, 2. SMT. VIJAYA. B W/O BOOBAL.G, AGED ABOUT 36 YEARS, BOTH THE PETITIONERS ARE R/O NO.22, HINDUSTAN GRANITE ROAD, NEAR HINDUSTAN GRANITE, NEW SAPTHAGIRI LAYOUT, SUBRAMANYAPURA, BANGALORE-560 061. ... PETITIONERS (BY SRI SHANKARAPPA S, ADVOCATE) AND:
STATE OF KARNATAKA BY HALASURGATE P.S., REP BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438, CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.162/2017 OF HALASURGATE POLICE STATION, BENGALURU CITY, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 446,120B, 406, 408, 420, 465, 468, 471, 473 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners (husband and wife) apprehend arrest by the respondent – police in Crime No.162/2017 registered in respect of the offences punishable under Sections 446, 120B, 406, 408, 420, 465, 468, 471, 473 R/W 34 OF IPC.
2. The allegation is, the accused persons in collusion with the previous Bank Manager of the complainant Bank, concocted fake audit report, bank statements, VAT returns and income tax returns pertaining to a Company under their administration and availed a loan of `1 Crore, etc.
3. Learned counsel for the petitioners submit that the petitioners are the account holder in the bank for the last nine years. Apart from the alleged documents, he has offered security of the house property standing in the name of the petitioner No.2. The loan was availed during December 2015. Continuously the petitioners have been paying `1 lakh installment per month, which is adjusted towards the interest. After the demonetization in the country, the Bank called upon the petitioners to enhance the installment by `2 lakhs per month, which they were not able to comply, hence the Bank has lodged the complaint.
4. Learned counsel further submits that the petitioners have no intention to cheat the bank. Subsequent to the registration of the case, they have paid `5 lakhs to the bank. The bank has also initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and in their absence notice was affixed to their door. Learned counsel submits that to demonstrate their bonafides, they will deposit `5 lakhs with interest within one month and another `5 lakhs with interest in the coming month. The petitioners are not shown to be involved in the earlier identical cases.
5. In the light of the above circumstances, petition is allowed.
The petitioners are granted anticipatory bail in Crime No.162/2017 registered by the respondent – police, subject to the following conditions, that by 31.10.2017 the petitioners shall deposit `5 lakhs along with interest and another `5 lakhs along with interest by 30.11.2017. They shall not be arrested until 31.10.2017. In the event of their arrest subsequently, they shall be released on bail on producing the documentary undertaking given to this Court.
Sd/- JUDGE MD