High Court of Karnataka at Bengaluru dismissed a criminal petition filed by a petitioner against the State of Karnataka seeking anticipatory bail under Section 438 Cr.P.C. in a cheating and forgery case, noting the petitioner had absconded and a similar petition was previously dismissed in 2021.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2022
BEFORE
THE HON’BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION NO.1454/2022
BETWEEN:
ARJUN ADINA S/O MARUTHI ADINA AGED ABOUT 22 YEARS R/AT UPPARAHATTI MALADINNI POST-591 233 GOKAK TALUK BELGAUM DISTRICT.
… PETITIONER
(BY SRI: PARASHURAM R HATTARAKIHAL, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY VIDHANA SOUDHA P.S. BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001.
… RESPONDENT
(BY SRI: S.VISHWAMURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENTPOLICE IN CC NO.12130/2021 (CR.NO.25/2021) REGISTERED BY VIDHANA SOUDHA POLICE STATION, BENGALURU,
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PENDING ON THE FILE OF THE XXXIX ADDL. C.M.M., BENGALURU, FOR THE ALLEGED OFFENCES UNDER SECTIONS 420, 465, 468, 471 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE IN KALABURAGI BENCH THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R
The petitioner-accused No.1 is before this Court seeking grant of anticipatory bail under Section 438 of Cr.P.C. in Crime No.25 of 2021 of Vidhana Soudha Police Station, Bengaluru, pending in CC No.12130 of 2021 on the file of XXXIX Additional C.M.M., Bengaluru, registered for the offences punishable under Sections 420, 465, 468, 471 of the Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant Sri.Govindaraju C.
the petitioner is arrayed as accused No.1. Initially FIR was registered only against accused No.2. Subsequently, this
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petitioner was apprehended on the basis of voluntary statement of accused No.2. This petitioner is falsely implicated in the matter. Accused No.2 is already enlarged on bail. After investigation, charge sheet is also filed. There are absolutely no material placed before the Court to connect the petitioner to the offence in question. He is not required for custodial interrogation. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
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"Whether the petitioner is entitled for grant of anticipatory bail under Section 438 of Cr.P.C.?"
My answer to the above point is in 'Negative' for the following:
REASONS
is arrayed as accused No.1. It is pertinent to note that the petitioner had filed similar petition under Section 438 Cr.P.C. seeking anticipatory bail in Criminal Petition No.4474 of 2021.
Similar grounds were raised to seek anticipatory bail. However, considering the facts and circumstances of the case,
the said petition came to be dismissed vide order dated 04.08.2021. There are no changed circumstances. Again the
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petitioner has come up before this Court under Section 438 of
Cr.P.C. I do not find any reason to entertain the petition.
The petition is dismissed.
Sd/JUDGE
*bgn/-
1 issue framed by the court
Whether the petitioner is entitled to grant of anticipatory bail under Section 438 of Cr.P.C. given the serious allegations and prior dismissal?
1 provisions across 1 enactments
ARJUN ADINA
THE STATE OF KARNATAKA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
