IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.7040 OF 2017 BETWEEN:
MASOODA W/O LATE ABDUL HAMEED, AGED ABOUT 66 YEARS, RESIDING AT MASOODA, 4TH CROSS, LAXMINDRA NAGAR, MANIPAL, KUNJIBETTU, UDIPI TALUK & DISTRICT-56. …PETITIONER (BY SRI.LATHIF.B, ADV.) AND:
STATE OF KARNATAKA, BY MANGALORE EAST POLICE STATION, D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BENGALURU- 560 001. …RESPONDENT (BY SRI. S. VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.23/2012 OF MANGALORE EAST POLICE STATION, D.K., FOR THE OFFENCE P/U/S 379, 380, 425, 427, 447, 448, 453, 456 R/W 120(B) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner apprehends arrest by the respondent-police in CC No.38/2017 pending before the II Addl. CJM, Mangalore.
3. Sri Lethif, learned counsel appearing for the petitioner submits that initially a private complaint was filed against the petitioner and two others by the then tenant of her building namely G.Ashok. The matter was referred under Section 157 Cr.P.C. to the jurisdictional police. After investigation, the respondent police submitted ‘C’ report to the Court. The petitioner filed a suit for ejectment against the complainant and the same came to be decreed. In the meantime, the tenant challenged the ‘C’ report and the Court has taken cognizance for the offences under Section 379, 380, 425, 427, 447, 448, 453, 456 of IPC r/w Section 120B of IPC. The petitioner could not attend the Court on the date fixed for her appearance. Hence, NBW is ordered. She apprehends arrest by respondent police because cognizance is taken in respect of the cognizable offences. If anticipatory bail is granted for a limited period, petitioner will surrender before the concerned Court and move for necessary application for recalling the warrant and for regular bail.
4. In the light of the above, petition is allowed. Petitioner is granted anticipatory bail for a period of three months in C.C.No.38/2017 registered by the respondent-police. Within the above period, the petitioner shall surrender before the jurisdictional Court and move for regular bail. Till disposal of the regular bail petition, this order shall be in force.
In the event of her arrest by the respondent police within the above period, she shall be released on bail on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum.
Sd/- JUDGE KLY/