IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6942/2017 Between:
1. Bangaranaika, S/o Venkatanaika, Aged about 52 years, 2. Shivankanye, W/o Bangaranaika, Aged about 45 years, And Both are residing at Terakanambi Village, Gundlupet Taluk – 571 111.
(By Sri. Jayasimha K.P., Advocate) ….Petitioners The State of Karnataka, Represented by its Police Inspector, Terakanambi Police Station, Gundlupet Taluk, Chamarajanagar District – 571 111.
…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 Crime No.196/2017 of Terakanambi Police Station, Chamarajanagar District, which is registered for the offence punishable under Section 420 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners are before this Court seeking anticipatory bail in Cr.No.196/2017 registered in respect of the offence punishable under Section 420 of IPC.
3. The allegation of the complainant Bank is, eight months ago the accused deposited gold ornaments of 159.900 grams and availed financial support of four lakhs rupees. Subsequently, the complainant came to know that it was fake gold ornaments. The matter once reached the police station and the accused persons had agreed to return the amount, till date they have not complied their undertaking etc.
4. Sri Jayasimha K.P., learned counsel for the petitioners submits that during the pendency of the petition, first petitioner the husband of 2nd petitioner was arrested and subsequently he was enlarged on bail. There is enormous delay in lodging the complaint and petitioners are innocent of the offence alleged.
Having regard to the facts and circumstances of the case, the petition is allowed in part.
Petitioner No.2 is granted anticipatory bail in Crime No.196/2017 registered by the respondent-Police.
In the event of her arrest by the respondent-Police, she shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court.
She shall co-operate with the Investigating Officer during further course of investigation.
The prayer of first petitioner has become infructuous. Hence, the petition is dismissed against the first petitioner.
Sd/- JUDGE MR