IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3237/2017 BETWEEN:
Lalitha W/o Srinivasa Reddy Aged about 43 years R/o. No.81, VCR Layout A-Narayanapura Main Road Bengaluru - 560036 ...Petitioner (By Sri. R.R. Devendra Gowda & Associates, Advocates; And Sri. Girish B.R. Advocates) AND:
The State of Karnataka Rep. by Subramanayanagar PS, Bengaluru Rep. by Public Prosecutor Bengaluru – 560001 …Respondent (By Sri. B.J. Eshwarappa, 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 Crime No.108/2017 of Subramanyanagar Police Station, Bangalore for the offence punishable under Section 406, 420, 465, 467, 468, 474 read with Section 34 of IPC.
This Criminal Petition is coming on for Orders this day, the Court made the following:
ORDER Learned HCGP takes notice for the respondent.
2. Heard Sri. R.R. Devendra Gowda & Associates, Advocates and Sri. Girish B.R. learned counsel appearing for the petitioner and Sri B.J. Eshwarappa, learned HCGP appearing for the respondent-State.
3. The respondent police on the reference of a private complaint by the Jurisdictional Court, registered FIR in their Crime No.108/2017 in respect of the offences punishable under Sections 406, 420, 465, 467, 468, 474 read with Section 34 of IPC against the petitioner (A-3) and four others.
4. The gist of the allegation is, the petitioner got the khata of the property belonging to one Smt. Annapurna changed over to her name after her death. In this regard, a complaint is registered by Mahadevapura Police Station. Since she got the gift registered on 19.08.2015, a complaint was lodged with K.R. Puram Police Station in their Crime No.481/2016 in respect of offences punishable under Sections 417, 420, 468, 471 read with Section 34 of IPC. The petitioner along with her husband (A-2) and the co- accused A-4 and A-5 created a false document and presented the same to BESCOM office within the jurisdiction of the respondent-Police Station, etc.
5. On the showing of the complaint averments itself, it is the 3rd complaint against this petitioner. Vide order dated 23.01.2017 in criminal petition No.9825/2016, this petitioner was granted anticipatory bail in respect of Crime No.481/2016 registered by the K.R. Puram Police Station.
5. Learned Counsel for the petitioner submits that the petitioner is always ready and willing to co- operate with the Investigating Officer. Having regard to the above circumstances, there is no impediment to allow the petition.
6. Petition is allowed. Petitioner is granted Anticipatory Bail in Crime No.108/2017 registered by the respondent-Police, subject to the following conditions:
(i) In the event of her arrest by the respondent- Police, she shall be released on bail on executing a self-bond for a sum of Rs.50,000/- with one surety for the likesum.
(ii) She shall co-operate with the IO during the further course of investigation.
Sd/- JUDGE Mds/-