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Judgment
A.S. Pachhapure, J.—The Petitioners are accused Nos. 4 and 6 respectively in Crime No. 170/10 registered by the Udupi Town Police, for the offence punishable under Sections 120-B, 420, 465, 468, 471 r/w. 34 IPC.
It is alleged by the complainant-the officer of Vijaya Bank that one Sheela, executed a power of attorney in favour of her mother-Shanthi, to open an account in her name with an initial deposit, of Rs. 5,000-00. Later, Shanthi deposited income tax refund order amounting to Rs. 20,21,357-00 and forged the signature of her daughter-Sheela, got transferred the amount of Rs. 20,20,000-00 on 09.06.2008 in favour of MOTCO Agency of which the Petitioners are the partners. It is alleged that there is a collusion between the Petitioners and Shanthi. Accused No. 3 has been granted anticipatory bail vide Order of this Court in Crl.P. No. 2691/2010 dated 11.06.2010. It is the case of the 2nd Petitioner that he entered the partnership en 01.04.2009 and to evidence the same, he has produced the document regarding re-construction of the Partnership Deed. So, the 2nd Petitioner became the partner of MOTCO Agency subsequent to the incident. So far as the 1st Petitioner is concerned, he is the holder of 10% profit in the partnership.
So, taking into consideration these ail circumstances and in view of the submissions made by the Petitioners that they would attend the Police Station and also the Court concerned as and when necessary, I think that it is a fit case wherein the anticipatory bail could be granted.
In the result, the petition is allowed. The Petitioners are granted anticipatory bail and they are ordered to be released on bail in the event of their arrest, on their executing a personal bond for a sum of Rs. 25,000-00 each with one solvent, surety each for the like sum to the satisfaction of the arresting authority with further following conditions:
1) The Petitioners shall appear before the Police concerned, within 15 days from today.
2) They shall be made available for interrogation by a police officer as and when they are required.
3) They 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 no any police officer.
4) They shall attend the Court as and when directed.