IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3095/2019 BETWEEN:
K. RANGA SWAMY, S/O M.KRISHNAPPA, AGED ABOUT 48 YEARS, R/AT NO.79, I CROSS, PATEL MUNIYAPPA LAYOUT, V.NAGENAHALLI, BENGALURU-560 032. …PETITIONER (BY SRI H.MUNISWAMI GOWDA, ADVOCATE) AND:
STAE BY HEBBALA POLICE R/P BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01. …RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO DIRECT THE HEBBAL POLICE, RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST, FOR THE OFFENCE P/U/S.420 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. The petitioner has sought for anticipatory bail directing the Hebbala police to release the petitioner on bail in the event of his arrest and registering a case against him for the offence punishable under Section 420 of IPC.
3. On perusal of the factual matrix narrated in the petition itself discloses that there was some dispute between the petitioner and one Mahadevaiah and others and in the month of January, 2019, the said Mahadevaiah and friends made galata near the house of the complainant and threatened him with dire consequences by demanding money from the petitioner. When the petitioner refused to give money to them, the said persons threatened that they will file a complaint an cheque bounce case against him and see that the petitioner is put behind bars. Petitioner rushed to the police station and lodged a complaint against Mahadevaiah and others, but no action has been taken against them. Therefore, in the above said circumstances, the petitioner apprehends that a case may be filed by Mahadevaiah for the offence under Section 420 of IPC in connection with chit transaction and in that context, he apprehends arrest at the hands of the police.
4. Under the above said circumstances, I am of the opinion that it is not sufficient to come to come to a definite conclusion with regard to petitioner’s apprehension of his arrest in connection with chit transaction, as to what is the nature of chit transaction and what are the terms and conditions entered into between the petitioner and Mahadevaiah are not known to the Court. Therefore, in such context, blanket bail order cannot be granted by this Court.
Hence, I do not find any strong reason to grant any such blanket order of bail. The petition is devoid of merit and the same is liable to be dismissed and is, accordingly dismissed.
Sd/- JUDGE ln.