Criminal bail petition where petitioner, arrested as a surety for his wife in a forgery and cheating case related to bank loan documents, was granted bail on personal bond with Sunday attendance conditions.
Petitioner released on bail on executing personal bond for Rs.50,000 with one surety and complying with weekly attendance and restrictions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 Crl.P 6905/14
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 11TH DAY OF DECEMBER, 2014
BEFORE
THE HON’BLE MR. JUSTICE A.S. PACHHAPURE CRIMINAL PETITION No.6905 OF 2014
BETWEEN:
SRI A P SREEDHAR AGED ABOUT 42 YEARS, S/O LATE PUTTAVEERAPPA, R/AT NO.1096/B, 7TH CROSS, ‘A’ BLOCK, SHAKARANAGAR, BANGALORE-560 092.
... PETITIONER
(BY SRI: PRABHUGOUDA B TUMBIGI, ADV)
AND:
THE STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE, BANGALORE-560 040.
... RESPONDENT
(BY SRI: K NAGESHWARAPPA, HCGP)
Crl.P 6905/14
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THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.271/13 OF CHANDRA LAYOUT P.S., BANGALORE CITY, FOR THE OFFENCES P/U/S 420, 465, 468 AND 471 R/W 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner has approached this Court for grant of bail for having been arrested and chargesheeted for the offence punishable under Sections 420, 65, 468 and 471 read with Section 34 IPC.
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3
parties.
submits that petitioner is innocent. Except standing as surety, he has not produced any documents. It is the first accused who has produced the documents. He also submits that the petitioner will be regular in attending the Court till the conclusion of trial. Hence, he seeks to grant bail.
Government Pleader opposes the bail application.
Government Pleader submits that there are as many as 15 cases of like nature, taking into consideration that the petitioner has been granted bail in all those cases and as the memo has been filed by the petitioner stating that he would not avail loan hereafter, and taking into
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consideration the punishment provided for the offence, petitioner is entitled to the bail sought for.
a) Petitioner shall mark his attendance before Chandra Layout Police Station once in a week on every Sunday inbetween 10.00 a.m. and 11.00 a.m. till conclusion of the trial.
b) He shall not tamper the prosecution witnesses.
c) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from
5 Crl.P 6905/14
disclosing such facts to the Court or to any police officer.
In case, if any such crime is registered
against the petitioner, the prosecution is at liberty to apply for cancellation of bail.
Sd/JUDGE
*bgn/-
1 issue framed by the court
Whether the petitioner is entitled to bail while appearing as a surety for his wife accused in a cheque bounce case involving forgery under Sections 420, 465, 468, 471 IPC read with Section 34 IPC.
1 provisions across 1 enactments
Sri A P Sreedhar
The State of Karnataka
A.S. Pachhapure
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
