IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6810 OF 2018 BETWEEN:
SMT.SHILPA W/O LAKSHMIPATHI Y.L. AGED 36 YEARS R/AT NO.313, 1ST MAIN ROAD PALEKAMMA NAGAR, CHIKKAJALA JALA HOBLI, BANGALORE NORTH TALUK BANGALORE – 562 157 ...PETITIONER (BY SRI H.V.HARISH, ADV.) AND STATE OF KARNATAKA YELAHANKA POLICE STATION REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.167/2018 OF YELAHANKA P.S., BANGALORE FOR THE OFFENCE P/U/S 420, 468, 471, 406, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.167/2018 of Yelahanka Police Station. Accused No.1 in the said case is her husband. The said case was registered against the petitioner and three others for the offences punishable under Sections 420, 468, 471, 406, 506 read with Section 34 of I.P.C., on the basis of the complaint one Raghupati.
2. It is alleged that accused Nos.1 and 2, at the intervention of other accused agreed to lend loan of Rs.30,00,000/- to the complainant and as security for the said loan he was forced to execute registered agreement of sale & G.P.A. dated 29.07.2017 in favour of the petitioner.
3. It is further alleged that accused Nos.1 & 2 lent only Rs.1,00,000/- out of the agreed amount of Rs.30,00,000/-and fraudulently accused No.2 executed sale deed of the said site in favour of herself on 12.09.2017 and thereby cheated him.
4. It is submitted that accused No.1 was already arrested and all the documents were recovered from him. Based on the very same documents the petitioner has filed O.S.No.414/2018 against the complainant on the file of the Civil Judge, J.M.F.C., Devanahalli for permanent injunction in respect of the said property and Court has granted temporary injunction against the complainant.
5. The complainant admits all the documents and contends that documents were executed as security for loan. Offences alleged are triable by Magistrate. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
The petitioner is granted anticipatory bail in Crime No.167/2018 of Yelahanka Police Station, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. She shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. She shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. She shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR