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2017 DIGILAW 1308 (KAR)

Karthik v. Station House Officer, Byappanahalli P. S. , Bengaluru

2017-09-15

RATHNAKALA

body2017
ORDER : Rathnakala, J. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent. 2. The petitioner apprehends arrest by the Respondent-police in respect of the offences punishable under Sections 420, 471 of IPC. He is arrayed as Accused No. 2 at Column No. 6 of the FIR. 3. The allegation is, the first accused is the mother-in-law of this petitioner. Both accused under the assurance of getting a job to the sister of the complainant in Railway Department received Rs. 3,98,000/- and gave order of appointment on 13/03/2017. The complainant and his sister went to the railway office, Yeshwanthapur and came to know that it was a fake appointment order. 4. Learned counsel for the petitioner submits that the petitioner has no knowledge of the alleged offence. The first accused is involved in similar other cases. On coming to know that she was harassed by some persons who had given money had gone to her house and were pressurizing for money, the petitioner and his brother-in-law went to her house to rescue her and those persons had insisted this petitioner to offer surety for the amount received by the first accused. In that regard, the first accused had lodged a complaint before the Banashankari Police apprehending that her son, son-in-law will be tortured. 5. As per the complaint allegation also, the complainant has transferred Rs. 3,98,000/- to the account of the first accused. She is in custody in Crime No. 95/2017 registered by the Jayanagara Police. He is implicated by the complainant only to see that the amount owed by the first accused is paid by this petitioner. If anticipatory bail is granted, he will appear before the I.O. and co-operate with the investigation. 6. Having regard to the specific nature of the allegation against this petitioner, petition is allowed. Petitioner is granted anticipatory bail in Crime No. 45/2017 registered by the respondent-police for the offences punishable under Sections 420, 471 of IPC subject to following conditions:- 1. Petitioner shall forthwith appear before the respondent-I.O. In that event, I.O. is at liberty to interrogate him and cause recovery of incriminating material if any, at his instance under Section 27 of the Evidence Act; 2. In the event of his arrest, he shall be enlarged on bail on his executing a self bond for Rs. Petitioner shall forthwith appear before the respondent-I.O. In that event, I.O. is at liberty to interrogate him and cause recovery of incriminating material if any, at his instance under Section 27 of the Evidence Act; 2. In the event of his arrest, he shall be enlarged on bail on his executing a self bond for Rs. 1,00,000/- (One Lakh Rupees Only) with one surety for the like-sum to the satisfaction of the concerned I.O.; 3. He shall not threaten the complainant and his family members. 7. In view of the disposal of the main petition, IA1/2017 stands disposed of.