Research › Search › Judgment

Karnataka High Court · body

2014 DIGILAW 158 (KAR)

Kantharaju v. State of Karnataka by Sho J P Nagar PS

2014-02-14

R.B.BUDIHAL

body2014
Judgment 1. This is the petition filed by the petitioner - accused under Section 438 of the Cr.P.C. seeking anticipatory bail and to direct the respondent - police to release him on bail in the event of his arrest for the offences punishable under Sections 415, 418. 420, 425, 464, 468 of IPC registered in the respondent - police station in Crime No.29/2013. 2. The brief facts of the case as per the averments in the complaint is that during the year 2011 accused is said to have borrowed hand loan of Rs.2,50,000/- and thereafter as repayment was not done, the accused issued cheque in favour of the Complainant. When the same was presented with the Dank, it has been dishonoured with an endorsement that the signature is different. On the basis of the complaint before the Magistrate Court, the learned Magistrate referred the matter to the respondent - Police for investigation and to submit report. 3. Heard the arguments of the learned counsel appearing for the petitioners and also the learned HCGP for the respondent - State. 4. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not at all committed the alleged offences and by imposing any reasonable conditions he may be granted with anticipatory bail. 5. As against this the learned HCGP appearing for respondent -State during the course of his arguments submitted that looking to the endorsement issued by the bank that the signature is different, itself, prima facie goes to show that the petitioner has committed alleged offences. He further submitted that the matter is still under investigation and therefore, the petitioner is not entitled to be released on anticipatory bail. 6. I have perused the averments made in the bail petition, FIR, complaint and order passed by the Lower Court on the bail application and the other materials produced along with the petition. 7. It is the contention of the petitioner that he is innocent and he has not committed the alleged offences and he is ready to abide by any conditions to be imposed by this court. The offences alleged are triable by Magistrate Court. They are not exclusively punishable with death or imprisonment for life. For securing the presence of the petitioner before the Investigating Officer or before concerned Court conditions could be imposed, which will safe guard the interest of the prosecution. The offences alleged are triable by Magistrate Court. They are not exclusively punishable with death or imprisonment for life. For securing the presence of the petitioner before the Investigating Officer or before concerned Court conditions could be imposed, which will safe guard the interest of the prosecution. Regarding apprehension of the arrest is concerned, the petitioner has made out a case. 8. Accordingly, petition is allowed and respondent -police are directed to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 415, 418, 420, 425, 464, 468 of IPC registered in the respondent - police station in Crime No.29/2013, subject to the following conditions: i) Petitioner to execute personal bond for Rs.25,000/-and furnish one surety for the like sum to the satisfaction of the concerned Court ii) The petitioner shall not tamper with any prosecution witnesses, directly or indirectly. iii) The petitioner to make himself available before the Investigating Officer for interrogation whenever called for; iv) The petitioner is to appear before the concerned Court of Magistrate within 30 days from the date of this order to execute the personal bond and also the surety bond.