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2017 DIGILAW 1212 (KAR)

Ganesh D/o Basappa Walikar v. State of Karnataka

2017-09-04

BUDIHAL R.B.

body2017
ORDER : Since these two petitions are in respect of the same crime number and common questions of law and facts are involved in both the petitions, they have been taken up together to dispose of them by this common order. 2. These petitions are filed by the petitioners under Section 438 of the Criminal Procedure Code seeking anticipatory bail, to direct the respondent Police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 120B, 406, 408, 409, 420 of the Indian Penal Code and also Section 9 of the Karnataka Protection of Interest Depositors in Financial Establishment Act 2004, registered in respondent/Police Station Crime No.137/2017. 3. Brief facts of the prosecution case as per the complaint averments, that one Shambuling Madev Hangal filed the complaint before the Kalaghatagi Police station alleging that the accused No.1 along with other accused has been running an office by name Harsha Entertainment and by saying that they would double the amount, were collecting the money from the public. Accused No. 2 to 3 are the brothers of accused No.1 and accused No.2 to 6 are associated with accused No.1 to 3 and accused No.7 and 8 are the Directors of the said Sahakari Bank and all the accused criminally conspired themselves and have collected the amount to the tune of Rs.27,00,000/- and promise to pay with interest at 7% and paid interest for some days. Thereafter on 10.04.2017 at 10.00 p.m. the accused No.1 with accused No.2 and 3 fled away with the complainants money. On the basis of the said complaint case came to be registered for the said offences. 4. Heard the arguments of the learned counsel appearing for the petitioners and also the learned High Court Government Pleader for the respondent/State. 5. Perused the grounds urged in the petition, FIR, complaint and also the other materials produced along with the petition. Looking to the allegations made in the complaint there is no specific allegations, so far as the petitioners herein are concerned and even FIR is also not registered. It is claimed by the petitioners that they are the Directors of the said Sahakari Bank. It is also contended by the petitioners herein that they are having apprehension of their arrest at the hands of the respondent/police. It is claimed by the petitioners that they are the Directors of the said Sahakari Bank. It is also contended by the petitioners herein that they are having apprehension of their arrest at the hands of the respondent/police. Even, though the FIR is not registered, but it is not condition precedent to maintain the petition seeking anticipatory bail. If a person is able to show that he is having a reasonable apprehension of arrest at the hands of the respondent/police he can maintain the petition for anticipatory bail. Looking to the petition averments, it is contended by petitioners in both the petitions that they are having a reasonable apprehension of arrest at the hands of the respondent/police. Therefore, looking to the materials placed on record their apprehension is well founded. Even the alleged offences are also not exclusively punishable with death or imprisonment for life. Hence, the petitioners can be admitted to anticipatory bail, by imposing reasonable conditions. 6. Accordingly, both petitions are allowed. The respondent Police is directed to release the petitioners on bail in the event of their arrest in Crime No.137/2017 registered for the above said offence, subject to the following conditions: i. Each petitioner has to execute personal bond for a sum of Rs.50,000/- and furnish one surety for the like sum to the satisfaction of the arresting authority. ii. Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iii. Petitioners have to make himself available before the I.O. for interrogation, as any when called for. iv. Petitioners have to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.