Karnataka High Court
Sri Narasimha Reddy Gudibandi vs State By State Public Prosecutor on 9 June, 2011
THIS CRLP FILED UNDER section 4:58"}::e;P.vAé:--.PniA*f:iN_§i§l'A.
TO ENLARGE THE PETITIONER ON,_BAIL'._ll\f' THE"'l}§VENTOF'
THEER ARREST EN CR.NO.i?/ll O.E""~.KORA§JLfix:\IGAL§&.:EFGLICE " V
STATION, BANGALORE errr, FOR rHE:v.ooi?1éENc*E$'i>UNIeiiAeLE
UNDER SECTION 406, 420,, 4.e8,_..--A7'i,. 420(3) WITH
SECTION 34 ompe, ' * 1. .
THIS PETITION CQMING THIS DAY?
THE COURT MADE =
T his Sleetion 438 Cr.P.C.
praying to enlarge. th_e»';pet1tionei1*._o'n"'béilV'in the event of their
arrest in l ofv""~.1l§oraniengala Police Station,
Bangalore City: 'for 'the punishable under Section
406, 420 468, 471', Vlf2,--O(B)l'read with section 34 of Indian
Penal Code. = .,
-the learned counsel for the petitioner as
yell Court Government Pleader for the
V State.
"ii contents of the FIR found in the record discloses
Inspector of Police, Korarnangala police station
la"».__haee"'r'egistereol a Case in Crime No.17/ll against accused
Nosl to 3 for the offence punishable under Section_:l40_8l,:
468, 471, 120(8) read with section 34 c-f"l'ndian'l..Penail:»ColdeTen; V'
the complaint of the Authorised
Housing Finance Ltd, It is allegedvivythat acfcused: 2 " ll
approached the cornplainanton 'gt_aI1f:§ of loan
for purchase of sites 44 in Katha
NQ2489 situated a'Ev\? Agarac K
R Puram, Bangalofe,V examining the
document The amount was
given by way _of1A' to the accused No.3. No
repayment of the loan amount and also
accused thereby attempted to cheat the
its the tulnle'"'of"?'.69,00,000/~. Hence the accused
allelg'e_d"»v4cotn:nitted the offence alleged in the FIR.
l ll t"t.__Though*the have borrowed the amount they have not
-4l.l.l'_1fep_a:.d the safnel The offence alleged against the petitioner is
tenet'tiunistzable with death or irnprisonrnent for life. The
'l:ct:"--ansaction between the accused and the complainant is loan
transaction. The effence alleged against the petitioner is net
of Very serious in nature. Therefore? considering ~th.effaVets and "
Cl1'CU.I'li1Si§Eil.'1C€S of the case, in my ViewT,_ the ,AC::YiiElll1{:ll~-p€tii_iO'£}e .'
deserves to be allowed.
4' in the result? I pass the followi.n'g:'u
o 13,12 . V
This Criminal Petition is lalloiired_.~.eon:riiti.onally. The
petitioners are granteri '--f€S.l5?.ér1li€nt"pO1iC€ am
directed to releasje in the event of his
arrest in Crirne ' res'p'ondent Police on his
executing a of Rs.20,000/~ with two
sureties for the Vtlilgesiirn.toI_:};g;.."satisfaction of the respondent
Police on the following”-e.or_1_§liftions.
i) shall not tamper with the
‘A witnesses nor hamper the
?_ 2 _» uimteistigation in any manner.
:.__They shall make themselves avaiiable to the
A respondent police as and when required by
them for the purpose of investigationi
/’
iii] If any of the cenditions is V’iO}3.{€€i th§+:”–..
anticipatory bail entails cancellation.
iv} I1’1timate the concerned accordingly. %
YKL