IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7554/2017 BETWEEN:
MUTHURAMAN S/O ARMUGAM AGED ABOUT 32 YEARS OCC: COOLIE R/O NO.78, 1ST CROSS N.T.ROAD, BHARATHI COLONY SHIVAMOGGA – 577 201. …PETITIONER (BY SRI RAVINDRA B. DESHPANDE, ADV.) AND:
THE STATE OF KARNATAKA BY KOTE POLICE STATION SHIVAMOGGA – 577 201 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, HIGH COURT COMPLEX, BENGALURU – 560 001. ...RESPONDENT (BY SRI CHETAN DESAI, 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 CR.NO.168/2017 OF KOTE P.S., SHIVAMOGGA DISTRICT FOR THE OFFENCES P/U/S 504, 307, 109 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 petitioner apprehends arrest by the respondent/Police in their Crime No.168/2017.
2. The allegation is, he attempted to assault the complainant and stabbed him with a bharji, when he requested him to settle the loan account with the financier so as to transfer the vehicle to his name, etc. On the showing of the complainant, the petitioner did not suffer any injury during the incident.
3. Learned Counsel for the petitioner submits, on the showing of the complaint itself, he had already executed a GPA in favour of the complainant and it is up to the complainant to pay the amount due on the vehicle to the financier and get the vehicle transferred to his name under the authority executed by the petitioner under the GPA. The petitioner is ready to comply any formality if the complainant clears off the outstanding loan amount due on the vehicle.
4. Having regard to the nature of allegation, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.168/2017. In the event of his arrest by the respondent-Investigating Officer in respect of the said case, he shall be enlarged on bail on executing a self bond for a sum of Rs.1,00,000/- with one surety for the likesum. He shall co-operate with the respondent-Investigating Officer during further course of investigation.
KNM/-
Sd/- JUDGE