IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1873 OF 2017 BETWEEN:
SRI PRAKASH SESHACHAR S/O R.SESHACHAR, AGED ABOUT 41 YEARS, PRESENTLY RESIDING AT NO.401, 4TH FLOOR, “RMV ORCHARDS”
SEENAPPA LAYOUT, NEW BEL ROAD, RMV 2ND STAGE, BANGALORE – 560 094.
(BY SRI PRASHANT N.HEGDE, ADV.,) AND:
STATE BY SADASHIVANAGAR POLICE BANGALORE-01 REP. BY SPP HIGH COURT.
... PETITIONER ... RESPONDENT (BY SRI B.J.ESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.6/2017 OF SADASHIVANAGARA P.S., BANGALROE FOR THE OFFENCE P/U/S 406, 506, 420 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The respondent-Police have registered the FIR in their Crime No.6/2017 dated 16.1.2017 on the reference of the complaint for investigation by the jurisdictional JMFC Court. The case is registered in respect of offences punishable under Sections 506, 406 and 420 of IPC.
2. The allegation of the prosecution is, the complainant and the accused entered into agreement for setting an office on the terrace of the accused’s building for the complainant on rent basis and the accused received Rs.50,000/- as advance amount, but he failed to register the rent agreement despite several requests. Hence, the complainant was necessitated to set up the office at his own expenses. When he tendered monthly rent to the accused, instead of receiving the same, the accused insisted the complainant to vacate the premises, for which, the complainant demanded for return of the amount spent by him for setting the office, but the accused did not oblige instead he is troubling the complainant by disconnecting the electric connection and threatening him also.
3. Obviously, it is a money dispute between the parties and civil in nature. Having regard to the nature of allegation, there is no impediment to allow the petition.
4. Accordingly, petition is allowed. The petitioner is granted anticipatory bail in Crime No.6/2017 registered by the respondent-Police, subject to following conditions:
(i) In the event of his arrest by the respondent-Police, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum; and (ii) He shall appear before the Investigating Officer as and when called for during the further course of investigation.
Sd/-
JUDGE PB