IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.NO.1213/2017 BETWEEN:
Sri. Mohan Alva, Aged about 50 years, S/o Narayan Alva, R/at Biruru House, Kairangala Village and Post, Bantwal Taluk, D.K. District – 574 143. ... Petitioner (By Sri. Nishit Kumar Shetty, Advocate.) AND:
State of Karnataka by SHO, Mangalore North Police Station, Represented by State Public Prosecutor, High Court Building, Bangalore -560 001. ... Respondent (By Sri. S. Vishwamurthy, 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. 21/2016 of Mangalore North Police Station, Mangaluru City for the offences p/u/s 466, 420, 465, 408, 409, 472, 467, 471, 468 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 respondent – Mangalore North Police Station during the course of investigation in respect of Crime No.21/16 (registered in respect of the offences punishable under Sections 466, 420, 465, 408, 409, 472, 467, 471, 468 R/w 34 of IPC) have arraigned this petitioner as absconding accused No.3 on the voluntary statement of other accused.
2. The case of the prosecution is that the first petitioner raised a loan of Rs.2.25 Crores from Canara Bank, Mangalore by pledging the property documents pertaining to second accused Rukmini Bai. Subsequently, the Bank came to know that the accused persons fabricated the documents with an intention to defraud the Bank document pertaining to one deceased Rukmini Bai of Pilimaguru village.
3. As per the submission of the learned counsel, the petitioner is suffering from blood cancer and he is on regular treatment. He is a physically disabled person and an employee of Vijaya Bank, Bengaluru. Having regard to the circumstances, there is no impediment to allow the petition.
4. The petition is allowed. Petitioner is granted anticipatory bail in Crime No.21/2016 of the respondent/police, subject to following conditions:
He shall forthwith appear before the Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate him and cause recovery of incriminating materials in accordance with the provisions of Section 27 of the Indian Evidence Act. If his interrogation continues for more than 24 hours he shall be produced before the jurisdictional police.
In the event of arrest, he shall be released on bail on executing self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
The sureties shall produce original title deed pertaining to their immovable property and also their original Identity card/Adhaar Card for perusal of the Court.
Sd/- JUDGE RS/* CT - pgg