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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 8th DAY OF JANUARY 2014

BEFORE

THE HON'BLE MR. JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.7640/2013

BETWEEN:

MR. KIRANCHANDRA
S/O. MR. ANNEGOWDA A.
AGED ABOUT 30 YEARS
GURVAYANAKERE VILLAGE
BELTHANGADY TALUK
D.K. DISTRICT – 574 214.
... PETITIONER

(BY SRI.K.SHASHIKANTH PRASAD, ADV.,)

AND:

THE STATE OF KARNATAKA BY

DAVENGERE EXTENTION POLICE STATION
DAVANGERE – 577 001.
... RESPONDENT

(BY SRI.K.NAGESHWARAPPA, 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 IN
CR.NO.187/2013 OF DAVANAGERE EXTENSION P.S.,
DAVANAGERE, WHICH IS REGISTERED FOR THE
OFFENCE P/U/S. 420 AND 506 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT PASSED THE FOLLOWING:-
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ORDER

This is the petition filed by the

petitioner – accused under Section 438 of Cr.P.C.

seeking anticipatory bail to direct the

respondent – police to release the petitioner on bail in

the event of his arrest for the offences punishable under

Sections 506 and 420 of IPC registered by the

respondent – police in Crime No.187/2013.

2. The brief facts of the case as per the averments

in the complaint are that the Davangere Extension

Police Station registered a case and the allegation in the

complaint is that the complainant is doing contract and

share business at Davangere. The petitioner supplied

sand and jelly stones for the construction of canal work

at Bhadravathi. The petitioner promised to supply teak

and rose wood to the complainant for his residential

house and taken Rs.1,00,000/- as advance and

subsequently he has taken Rs.10 lakhs and in that

Rs.4,50,000/- deposited in the petitioner’s canara bank

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account. Even at the time of petitioner’s house warming

ceremony he promised the complainant to supply the

timber to his native place. Thereafter, he has not

supplied timber and cheated the complainant.

3. Heard the arguments of the learned counsel

appearing for the petitioner and also the learned

Government Pleader for the respondent-State.

4. I have perused the averments made in the bail

petition, FIR, complaint and other materials produced in

the case.

5. The offences alleged under Sections 506 and

420 of IPC are triable by the Magistrate Court and as

they are not exclusively punishable with death or

imprisonment for life. The petitioner has contended in

the petition that he has not at all cheated the

complainant nor received the money and he is innocent

of the alleged offences and he has undertaken that he is

ready to abide any of the reasonable conditions to be

imposed by this Court. Therefore, looking to the

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materials on record, the petitioner has made out a case

of reasonable apprehension of arrest at the hands of the

respondent – police and nature of offences and as they

are triable by the Magistrate Court and the

apprehension of the prosecution that if anticipatory bail

is granted to the petitioner, he may abscond and he may

cause hurdle to the prosecution in the investigation,

stringent conditions can be imposed to secure the

presence of the petitioner before the police and also

before the concerned Court. If the reasonable

conditions are imposed it will suffice.

6. Accordingly, petition is allowed. The

respondent – police are directed to release the petitioner

on bail in the event of his arrest for the offences

punishable under Sections 506 and 420 of IPC

registered by the respondent – police in Crime

No.187/2013, subject to the following conditions:

(i) The petitioner shall execute a

personal bond for a sum of Rs.50,000/-
each (Rupees Fifty Thousand only) with
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one solvent surety for the likesum to the

satisfaction of the concerned Magistrate
Court;

(ii) The petitioner shall not

directly or indirectly tamper with any of
the prosecution witnesses;

(iii) The petitioner shall make

himself available to the Investigating
Officer for interrogation whenever called
for;

(iv) The petitioner shall appear

before the respondent – police on every
Sunday between 10.00 a.m. and 11.00
a.m. till the completion of the
investigation; and

(v) The petitioners shall appear

before the concerned Magistrate Court
within thirty days from the date of this
order and execute the personal bond
and also the surety bond.

Sd/-
JUDGE

VMB