High CourtsSingle Bench(2011) 11 KAR CK 0066

Shankar @ Yellappa, Manjappa, Venkatesha and Govinda @ Govinda Gollara vs State of Karnataka

Karnataka High Court · Decided on 4 November 2011

HON’BLE JUDGES
B.V. Pinto, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 5553 of 2011

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Judgment

7 paragraphs · 302 words

B.V. Pinto

1.

This petition is fifed seeking bail, in Crime Ho. 148/ 2011 of Kuvempunager police station, Mysore City registered on 19.08.2011 for the offences punishable U/ s. 406, 420 r/w Sec 34 of IPC.

2.

It is the case of the complainant Sri Johar Ram. S/o. Late Beekagi that, the petitioner were suppliers of Ayurvedic Medicines and that, the first petitioner had taken a sum of Rs. 45,000/- and 2nd petitioner has taken a sum of Rs. 60,000/- from the complainant and they had supplied spurious medicines and further demonstrated mixing of the medicines. It is the case of the complainant that, when he was not cured from the medicines given by the accused, complaint is filed by him before the police, when the petitioner were traced in the locality. Hence, the offence of criminal breach of trust and cheating is filed against the petitioner.

3.

Heard Sri. Radhakrishna, learned counsel for the petitioner and Sri Vijaykumar Majage, learned HCGP for the State/Respondent

4.

It is seen that the offences are not triable exclusively by the Court of Sessions and that the offences are not punishable with death or imprisonment for fife and triable by learned Magistrate only. In view of the said position and further the petitioners are resident of Mysore, I am inclined to grant bail to the petitioner.

5.

Accordingly, the petition is allowed. The petitioners are directed to be released on bail on each of them executing personal bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety for the likesum to the satisfaction of the Court below and subject to the following condition;

i) The petitioners shall appear before the police station once in a week for a period of six months and thereafter, once in a month till disposal of the case