IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7289/2017 Between:
1. Neelamma W/o Late Narasegowda Aged about 74 years.
2. Swamy Gowda S/o Late Narasegowda Aged about 48 years.
3. Sannegowda S/o Late Narasegowda Aged about 46 years.
All are R/a Narayanapura village Chinakurali Hobli, Pandavapura Taluk, Mandya District PIN – 571 401. ...Petitioners (By Sri Kemparaju, Advocate) And State of Karnataka By K. R. Pet Town Police Station Rep by its Public Prosecutor High Court Complex Bengaluru- 560 001. ...Respondent (By Sri S Vishwamurthy, HCGP.) 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.220/2014 (C.C. No.476/2016) of K. R. Pet Town Police Station, Mandya District for the offence punishable under Sections 420, 465, 468, 471 R/W 34 of IPC This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners are chargesheeted by the respondent-police in respect of offences punishable under sections 420,465, 468, 471 r/w 34 of IPC.
3. The allegation of the prosecution is, the petitioners mortgaged immovable property to the bank and obtained loan for purchase of Tractor, subsequently defaulted to pay installments. On verification, the bank found that the papers submitted by them were all false and fabricated. As could be seen from the chargesheet that they are shown as “accused not arrested”.
4. Sri Kemparaju, learned counsel for the petitioner submits that while releasing the loan, 25% of the sanctioned loan amount was withheld to adjust towards outstanding loan amount. The vehicle was seized by the bank and it is in their custody. The immovable property stands in the name of husband of the 1st petitioner and another person namely Narasegowda is laying his claim on the said property and the matter is before civil Court. The petitioners apprehend that they may be remanded to judicial custody by the Court in view of non-bailable offence alleged against them.
In the light of the above, there is no impediment to allow the bail petition. The petition is allowed. Petitioners are granted anticipatory bail in Crime No.220/2014 registered by the respondent-Police, for a limited period of three weeks.
Within the above period, they shall surrender before the concerned Court and move for regular bail.
Until disposal of the bail petition, this order will be in force.
In the event of their arrest by the respondent- Police within the above period, they shall be released on bail on their executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the likesum to the satisfaction of the concerned Court.
Sd/- JUDGE DL