IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.9935/2017 BETWEEN 1. MR.HARSHA SIMHA S.R S/O S.K.RADHA KRISHNA NO.1038, 2ND RAILWAY PARALLEL ROAD, KENGERI UPANAGARA, BENGALURU – 560 060.
2. HITENDRA KUMAR PATEL S/O SOMJI H PATEL NO.1031/72, 2ND RAILWAY PARALLEL ROAD, KENGERI UPANAGARA, BENGALURU – 560 060.
3. MRUNAL KAUSIK K L S/O NARAYAN K L # 681, 1ST C MAIN, 2ND CROSS BANASHANKARI 3RD STAGE, K.G.LAYOUT, BENGALURU – 560 085.
(BY SRI.SANDEEP HEGDE, ADVOCATE) …PETITIONERS AND STATE BY KENGERI POLICE STATION BENGALURU SOUTH, BENGALURU – 560 060.
REP BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI.K.NAGESHWARAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.369/2017 OF KENGERI POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking for grant of anticipatory bail under Section 438 of Cr.P.C., for the offence punishable under Section 420 read with Section 34 of IPC registered by the respondent-Police bearing FIR No.369/2017.
2. The case of the complainant is that he had invested an amount of Rupees two crores and a promissory note was executed in this regard. Later, when asked for repayment, accused issued two cheques for a sum of Rs.10,00,000/- each in the name of his wife. Due to insufficient funds, the cheques were dishonoured and case came to be lodged against the accused.
3. Learned counsel for the petitioner would submit that the case is being filed by the complainant against the present petitioner as he was former employer of accused.
4. Learned High Court Govt. Pleader submits that the matter is still under investigation and the petition may be rejected.
5. There are no grounds to grant anticipatory bail to the petitioner.
6. Petition is rejected.
Sd/- JUDGE bnv*