Allowed

Smt Bhavya v. State by Kumaraswamy Layout Police

Karnataka HC12 Mar 2024CRL.P/1250/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by accused No.2 in a cheating and forgery FIR concerning a fraudulent car loan obtained using the complainant's documents. The court found allegations directed mainly at accused No.1, noted the petitioner's limited involvement and that offences were not punishable with death or life imprisonment, and allowed bail with conditions.

What did the court decide?

Petitioner enlarged on anticipatory bail in event of arrest on personal bond of Rs.1,00,000 with one surety, subject to surrender, non-tampering, non-repetition, and interrogation-availability conditi

Smt Bhavya Vs State by Kumaraswamy Layout Police — Cheating and Forgery | Karnataka HC (2024)

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1 - CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 1250 OF 2024

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BETWEEN:

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SMT. BHAVYA, W/O CHETHAN, D/O PRAKASH, AGED ABOUT 25 YEARS, R/AT NO. 29, 2ND MAIN, SUBASHCHANDRA ROAD, JHBCS LAYOUT, KADIRENAHALLI CROSS, K.S. LAYOUT, BANGALORE - 560 070.

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…PETITIONER

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(BY SRI. MALLIKARJUNAIAH C, ADVOCATE)

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AND:

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Digitally signed by SOWMYA D

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Location: High Court of Karnataka

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STATE BY KUMARASWAMY LAYOUT POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT (BY SRI. B. LAKSHMANA, HCGP)

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.3/2024 REGISTERED BY KUMARASWAMY LAYOUT POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 419, 420, 465, 468, 471, 170 AND 171 R/W 34 OF IPC, PENDING ON THE FILE OF XXX ADDL.C.M.M., BENGALURU.

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CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner/accused No.2 has filed this bail petition

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under Section 438 of Cr.P.C., seeking anticipatory bail in the event of her arrest in Kumaraswamy Police station, Bangalore, Crime No.03/2024 registered for the offences punishable under Sections 419, 420, 465, 468, 171, 170, 171 read with Section 34 of IPC, pending on the file of 30^th Additional Chief Metropolitan Magistrate Court,

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Nrupatunga Road, Bangalore City.

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The brief allegations of the prosecution are that

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the complainant was in search of a solution for an assistant in getting the change of Khatha from her father's name to her mothers name pertaining to immovable property. It is further alleged that, at that time, accused No.1 got introduced to the complainant through her mother-in-law and claimed himself as a BBMP officer and asserted that he would get Khatha changed into her mother's name and asserted that the cost would be

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3 - CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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around Rs.1,80,000/- and asked her to pay a sum of Rs.90,000/- in advance. It is alleged that, thereafter the complainant paid Rs.50,000/- to accused No.1 and transferred Rs.25,000/- through phone pay and KYC documents were also furnished as per request. It is also alleged that, then accused No.1 asserted that the complainant belongs to the Nayak Caste and he informed her that several persons obtained subsidy and obtained certain documents from her. But later on by pledging these documents he obtained a car loan of Rs.4,60,000/from Bajaj Finance in the name of the complainant by using HDFC Bank details and Pan card thereby, he cheated the complainant.

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On 02.01.2024 a sum of Rs.16,277/- was

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deducted from the account of the complainant. Then she inquired and came to know of this fraud. It is alleged that, during this period, they verified that a phone number was given at the time of availment of loan and furnished a documents. When a call was made to his said number, a

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CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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person claiming herself to be Anjali.G spoke. But it is alleged that she is in fact the present petitioner and is alleged to be the wife of accused No.1. Hence, the complaint was lodged in this regard.

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On the basis of the complaint, FIR came to be issued and apprehending her arrest, the petitioner has approached the learned Sessions Judge and her anticipatory bail petition came to be rejected. Hence, the petitioner is before this Court.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.

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On perusal of the complaint allegations, it is evident that, all the allegations were directed against accused No.1 who is said to have cheated the complainant and obtained relevant documents, and obtained a loan in the name of the complainant. A simple allegation was that a phone number was provided and when the said number was contacted, the person who received the call disclosed

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5 - CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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her name as Anjali.G, but it is alleged that, the said person is the petitioner. But in what way the petitioner is involved in commission of offence is not at all forthcoming. It is alleged that the present petitioner is the wife of accused No.1, but at this juncture, there are no documents to substantiate the said conditions. Even otherwise, the involvement of petitioner is not forthcoming at this juncture, and whether the loan is obtained in the name of the petitioner and whether she is signatory to the loan document is required to be investigated. The petitioner is a woman and falls under exceptions. The offences alleged are not exclusively punishable with death or life imprisonment. The complaint allegations are directed against accused No.1 and not against the petitioner.

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Considering these facts and circumstances, nature of the offences and gravity of the offences, as well as motive, I do not find any impediment in admitting the petitioner on anticipatory bail. The other apprehensions

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6 - CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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raised by the learned High Court Government Pleader, can be meted by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I pass the following:

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ORDER

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The petition is allowed .

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The petitioner/Accused No.2 is directed to be enlarged on bail in the event of her arrest in Crime No.03/2024 of Kumaraswamy Layout Police Station, registered for the offences punishable under Sections 419, 420, 465, 468, 171, 170, 171 read with Section 34 of IPC pending on the file of 30^th Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bangalore City on her executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to the following conditions:

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(i) Petitioner shall surrender herself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of her surrender, Investigating

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7 - CRL.P No. 1250 of 2024 NC: 2024:KHC:10039

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Officer/SHO shall release her on bail as directed.

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(ii) She shall not directly or indirectly tamper with any of the prosecution witnesses.

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(iii) She shall not indulge in any similar offences.

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(iv) She shall make herself available to the Investigating Officer for interrogation whenever called for during the course of investigation.

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Sd/- JUDGE

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URN List No.: 1 Sl No.: 26 CT: BHK

Smt Bhavya v. State by Kumaraswamy Layout Police

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Smt Bhavya v. State by Kumaraswamy Layout Police

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