Anticipatory bail sought in cross-case arising from mutual complaints between two groups; offences triable by Magistrate with maximum seven years' imprisonment and petitioners not otherwise involved in crime, so the High Court granted pre-arrest bail with conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11415 OF 2024
C/W
CRIMINAL PETITION NO. 11459 OF 2024
IN CRL.P No. 11415/2024
BETWEEN:
SHIVANNA T, AGED ABOUT 63 YEARS, R/AT NO.600, SREE SAI NILAYA, 3RD CROSS, H.M.T. LAYOUT, BENGALURU - 560 032.
…PETITIONER
(BY SRI. PRAVEEN DANAGERI, ADVOCATE)
AND:
Digitally signed by KAVYA R Location: High Court of Karnataka
STATE BY HALASURU GATE PS REPRESENTED BY HCGP, HIGH COURT COMPLEX, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. RAHUL RAI. K, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.235/2024, FOR THE OFFENCE P/U/S 120(B), 406, 420, 465, 506 OF IPC, 1860, PENDING ON THE
NC: 2024:KHC:47697 CRL.P No. 11415 of 2024 C/W CRL.P No. 11459 of 2024
FILE OF THE LEARNED 3rd ACMM, BANGALORE AND FURTHER BE PLEASED DIRECT THE S.H.O., HALASURU GATE P.S., TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST.
IN CRL.P NO. 11459/2024
BETWEEN:
...PETITIONERS
(BY SRI. PRAVEEN DANAGERI, ADVOCATE)
AND:
STATE BY HALASURU GATE PS REPRESENTED BY SPP, HIGH COURT COMPLEX, BANGALORE - 560 001.
...RESPONDENT
(BY SRI. RAHUL RAI. K., HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNNS) OF CR.P.C PRAYING TO GRANT THE RELIEF OF
ANTICIPATORY BAIL TO THE PETITIONERS IN CRIME NO.235/2024 FOR THE OFFENCE P/US/ 120-B(CRIMINAL CONSPIRACY) 406 (CRIMINAL BREACH OF TRUST), 420 (CHEATING AND DISHONESTLY INDUCING DELIVERY OF PROPERTY) 465 (PUNISHMENT FOR FORGERY) 506 (PUNISHMENT FOR CRIMINAL INTIMIDATION) OF THE INDIAN PENAL CODE, 1860 PENDING ON THE FILE FO THE LEARNED 3rd ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU AND FURTHER BE PLEASED DIRECT THE S.H.O., HALASURU GATE POLICE STATION TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN THE ABOVE CRIME.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.3 to 5 in Crime No.235/2024 registered by Halasurgate Police Station, Bengaluru City for the offences punishable under Sections 120(B), 406, 420, 465, 506 of IPC, are before this Court in these two petitions filed under Section 438 of Cr.PC seeking anticipatory bail.
Halasurgate Police Station, Bengaluru City for the
aforesaid offences against Praveen M Somankatti and five
others on the basis of the first information dated 14.09.2024, received from Lohith Gowda S/o Late Basavegowda. Apprehending arrest in the said case, petitioners herein who are arrayed as accused Nos.3 to 5 in the FIR had filed Crl.Misc.No.8881/2024 before the Jurisdictional Sessions Court which was rejected on 09.10.2024. Therefore, they are before this Court.
petitions.
Vishveshwarapuram Police Station, Bengaluru City on 19.07.2024 and has filed the first information, based on which FIR in Crime No.133/2024 was registered by Vishveshwarapuram Police Station, Bengaluru City against Lohith Gowda S/o Late Basavegowda who is the first informant in the present case, for the offences punishable under Sections 420, 465, 468, 471 of IPC. Subsequently, on 14.09.2024 Lohith Gowda who is accused No.1 in Crime
No.133/2024 registered by Vishveshwarapuram Police Station, Bengaluru City has approached Halasurgate Police Station, Bengaluru City and has filed a complaint against Praveen M Somankatti and five others and in the said case, petitioners herein who are arrayed as accused Nos.3 to 5. First informant in Crime No.133/2024 registered by Vishveshwarapuram Police Station, Bengaluru City is arrayed as accused No.5 in the present case.
petitioners are not involved in any other criminal case. Petitioners have undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for said offences is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:
ORDER
The Criminal Petitions are allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest registered in Crime No.235/2024 registered by Halasurgate Police Station, Bengaluru City for the offences punishable under Sections 120(B), 406, 420, 465, 506 of IPC, subject to the following conditions:
Sd/(S VISHWAJITH SHETTY) JUDGE
KVR
List No.: 1 Sl No.: 44
1 issue framed by the court
Whether accused Nos.3 to 5 in Crime No.235/2024 deserve anticipatory bail under Section 438 Cr.PC for offences under Sections 120(B), 406, 420, 465, 506 IPC.
2 provisions across 2 enactments
Shivanna T
Venkateshaiah s/o Ramaiah N.V.
Srinivasa T.N. s/o Nanjundappa
State by Halasuru Gate PS
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
