High Court Kerala High Court

Balkrishna Bhat vs The Station House Officer on 14 June, 2010

Kerala High Court
Balkrishna Bhat vs The Station House Officer on 14 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2230 of 2010()


1. BALKRISHNA BHAT, S/O. DAMODARA BHAT,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.JOSEPH EDAKKATT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :14/06/2010

 O R D E R
                                K.HEMA, J
                           -----------------------
                       B.A No.2230 OF 2010
                       --------------------------------
               Dated this the 14th day of June 2010

                                  ORDER

This petition is for anticipatory bail.

2. The alleged offences are under Sections 420, 325, 352

and 405 of IPC. According to prosecution, petitioner made false

representation to de facto complainant who is an Italian born

American citizen that property will be purchased and she will be

allowed to reside in the building to be constructed, on lease etc.

and she was made to part with a huge amount of rupees, about

one crore in total, on different dates to petitioner. Property was

purchased in the name of petitioner and buildings were

constructed and a lease agreement was also executed. But,

thereafter, petitioner is trying to evict de facto complainant and

send her out of the property. De facto complainant was cheated

by petitioner and he also misappropriated money and ill-treated

her by physically manhandling her. They were living as husband

and wife.

3. Learned counsel for petitioner submitted that the

allegations are false. Petitioner had only allowed de facto

complainant to reside in a building constructed in his property

and a lease agreement was executed for a period of 99 years at

B.A No.2230 OF 2010 2

the rate of Re.1/- per month as rent. But, de facto complainant

started creating problems to petitioner by consuming liquor along

with his workers in the restaurant and when he objected to this, she

started behaving badly to petitioner. Thereafter, de facto

complainant gave a false complaint to the police.

4. This petition is opposed by the learned Public Prosecutor and

learned counsel for the de facto complainant. It is submitted by

learned counsel for de facto complainant that the parties were living

as husband and wife and an order was obtained by de facto

complainant from the Magistrate Court injuncting petitioner from

alienating the schedule property and interfering with the peaceful

residence of de facto complainant and also from committing any act

of domestic violence. He had physically assaulted de facto

complainant and disconnected the electricity connection to the

building in which de facto complainant was residing and she had to

run in darkness and she hit against the window glass and she was

injured. It is also understood that petitioner is in the habit of taking

money from other foreign nationals also by making false

representations and cheat them.

B.A No.2230 OF 2010 3

5. Learned Public Prosecutor also submitted that the Case Diary

reveals serious allegations against the petitioner.

6. On hearing both sides, considering the serious nature of the

allegations made, I am satisfied that this is not a fit case to grant

anticipatory bail.

Petition is dismissed.

K.HEMA
JUDGE

vdv