High CourtsSingle Bench(2011) 03 KAR CK 0136

Arum V. vs State of Karnataka

Karnataka High Court · Decided on 14 March 2011

HON’BLE JUDGES
A.S. Pachhapure, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1306 of 2011

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Judgment

10 paragraphs · 346 words

A.S. Pachhapure, J.—The Petitioner is a tenant of the complainant''s elder sister and the complainant is the neighbour of the Petitioner.

2.

It is the case of the prosecution that the Petitioner''s wife asked loan amount from the complainant for the purpose of treatment of her mother-in-law. When the complainant expressed her inability, she requested to provide golden ornament/s and it is stated that though the golden ornaments were given, thereafter, the Petitioner and his wife went away by locking the premises and thereby having committed offence punishable under Sections 42C and 406 read with 34 IPC.

3.

The learned Counsel for the Petitioner submits that the Petitioner is innocent and he is a practicing advocate. The wife of the Petitioner is a person belonging to Scheduled Caste. The landlord of the premises has colluded with the complainant and filed a false complaint.

4.

Taking into consideration the nature of the offence, the allegations made in complaint wherein there is no mention as to how much amount was demanded, I am of the opinion that it is a fit case wherein anticipatory bail could be granted.

In the circumstances, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest on his executing a personal bond for a sum of Rs. . 25,000-00 with one solvent surety for the likesum to the satisfaction of the arresting authority with further following conditions:

1) The Petitioner shall appear before the Police station concerned, within 15 days from today.

2) The Petitioner shall be made available for interrogation by a police officer as and when he is required.

3) He shall not, directly or Indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) He shall attend the Court as and when directed.

5) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.