Petitioners sought anticipatory bail in a case alleging they attempted to open bank accounts with false names and fake documents at an HDFC Bank branch. The court held that given the nature and seriousness of the offence and the need to interrogate them, anticipatory bail could not be granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 224 OF 2024
C/W
CRIMINAL PETITION NO. 281 OF 2024
IN CRL.P NO.224/2024 BETWEEN:
DELETED AS PER COURT ORDER DATED 17.01.2024.
Digitally signed by BHARATHI S Location: high court of karnataka
…PETITIONERS
(BY SRI. ABISHEK N.N., ADVOCATE)
AND:
STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA COMPLEX, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.330/2023 REGISTERED BY JEEVAN BHEEMANAGAR P.S., BENGALURU FOR THE OFFENCE P/U/S 465, 466, 468, 471 OF IPC, PENDING ON THE FILE OF ADDL.C.M.M., BENGALURU
IN CRL.P NO.281/2024
BETWEEN:
ASHOK KUMAR, AGED ABOUT 21 YEARS, S/O POONAMA RAM, ADDRESS AT NO.773, SEEGEHALLI GATE, MAGADI MAIN ROAD, BENGALURU-560 091 AADHAR 756083922649.
…PETITIONER
(BY SRI. GOPAL SINGH, ADVOCATE)
AND:
STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION, BENGALURU - 560 075., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C PRAYING TO ALLOW THE PETITION AND BE PLEASED TO GRANT ANTICIPATORY BAIL IN CR.NO.330/2023, REGISTERED FOR OFFENCE P/U/S 465, 466, 468 AND 471 OF IPC, PENDING ON THE FILE OF HONOURABLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
The petitioners-accused are before this Court seeking grant of anticipatory bail in Crime No.330/2023 of Jeevan Bheemanagar Police Station, on the file of the learned X Additional Chief Metropolitan Magistrate registered for the offences punishable under Sections 465, 466, 468 and 471 of Indian Penal Code, 1860 (for short 'IPC'), on the basis of the
first information lodged by the informant viz., Mr.Deepak Mahapatra.
“Whether the petitioners are entitled
for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘Negative' for the following:
R E A S O N S
petitioners are required for interrogation. The submission of the learned counsel for the petitioners that there is a delay in lodging the complaint and Section 468 of IPC is not attracted or
that they are falsely implicated in the matter cannot be accepted, at this stage.
ORDER
The petition is dismissed.
Sd/JUDGE
SS
List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the petitioners are entitled to grant of anticipatory bail under Section 438 Cr.P.C. in Crime No.330/2023 for offences punishable under Sections 465, 466, 468 and 471 IPC.
5 provisions across 2 enactments
Kailash Vishnoi
Dinesh Kumar
Ashok Kumar
State of Karnataka by Jeevan Bheema Nagar Police Station, Bengaluru
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
