IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6873 OF 2017 BETWEEN:
1. SMT SHANTHAMMA AGED ABOUT 58 YEARS, W/O GURUSWAMY, R/AT HUNDUVINAHALLI VILLAGE, NANJANAGUD TALUK, MYSURU DISTRICT-571312.
2. SHIVAMURTHY AGED ABOUT 36YEARS, S/O SHIVANANJAPPA, 3. JAYAKUMAR AGED ABOUT 34 YEARS, S/O SHIVANANJAPPA, 4. SAVITHA AGED ABOUT 30 YEARS, D/O SHIVANANJAPPA, PETITIONERS NO.2 TO 4 ARE R/AT VEEREGOWDANAHUNDI VILLAGE, KASABA HOBLI, NANJANAGUD TALUK, MYSURU DISTRICT-571312. ... PETITIONERS (By Sri: P NATARAJU, ADVOCATE) AND:
STATE OF KARNATAKA BY NANAJANAGUD TOWN POLICE STATION, MYSURU DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. ... RESPONDENT (By Sri: K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.165/2017 OF NANJANAGUDU TOWN P.S., MYSURU DISTRICT FOR THE OFFENCE P/U/S 465,468,471 R/W 34 OF IPC. THE PRL. DIST. AND S.J., MYSURU HAS DISMISSED THE BAIL PETITION ON 11.08.2017 IN CRL.MISC.NO.1604/2017.
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 HCGP. Learned HCGP has not filed any statement of objections opposing the petition.
2. The F.I.R. is registered based on the complaint lodged by the Manager of S.B.I., Nanjangud Branch, alleging that after the death of the wife of the pension-holder, the first petitioner herein has been drawing pension impersonating herself as the wife of the deceased pensioner by falsification of the records. Petitioner Nos.2 to 4 are arrayed as co-accused on the allegation that they have colluded with the petitioner No.1 as legal heirs of deceased pensioner.
3. The accusations made against the petitioners could be substantiated by the documents which are very much available with the Bank. The custodial interrogation of the petitioners is not necessary to establish the charges. Hence, having regard to the nature of the accusations and the character of the evidence required to be gathered, the petitioners could be admitted to bail, subject to conditions. Hence, the following:
ORDER (i) Criminal petition is allowed.
(ii) The petitioners are directed to appear before the Investigating Officer within fifteen days from the date of this order and on their appearance, the Investigating Officer shall interrogate the petitioners on the same day and shall enlarge them on bail on the same day on each of them furnishing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties each for the likesum, to the satisfaction of the Investigating Officer.
(iii) The petitioners shall co-operate in the investigation.
(iv) The petitioners shall not leave the jurisdiction of the Nanjangud Police Station till the completion of the investigation.
(v) The petitioners shall not threaten or allure or tamper the prosecution witnesses.
Sd/- JUDGE Bss.