Karnataka High Court
K Kesava vs The State Of Karnataka on 24 March, 2015
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION No. 1100/2015
BETWEEN:
1. K. Kesava,
Son of Muniyappa,
Aged about 45 years,
Chairman and Managing Director,
M/s. Maxworth Realty India Limited,
KMP House No.22/2, Yamunabai Road,
Madavanagar, Bangalore City-560 001.
2. Ravikumar,
Son of Rangappa,
Aged about 30 years,
Manager,
M/s. Maxworth Realty India Limited,
KMP House No.22/2,Yamunabai Road,
Madavanagar, Bangalore City-560 001.
3. Smt. R. Praveena,
W/o R. Srinivas Rao,
Aged about 34 years,
Authorised signatory,
M/s. Maxworth Realty India Limited,
KMP House No.22/2,Yamunabai Road,
Madavanagar,Bangalore City-560 001...PETITIONERS
(By Sri. K.R. Tulsi, Advocate)
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AND:
The State of Karnataka
By Station House Officer,
High Ground Police Station,
Bangalore-560 001.
Rep. by SPP.,
High Court Building,
Bangalore-560 001. ... RESPONDENT
(By Sri B.J. Eshwarappa, HCGP)
...
This Criminal Petition is filed under Section 438 of
Cr.P.C., by the advocate for the petitioners praying to
enlarge the petitioners on bail in the event of their
arrest in Crime No.56/2015 of High Grounds Police
Station, Bangalore City, for the offences punishable
under Section 420 r/w 34 of IPC.
This Criminal Petition coming on for orders this
day, the Court made the following:-
ORDER
Heard the learned Counsel for the petitioners and the learned HCGP.
2. The petitioners are accused Nos. 1, 2 and 4 in Crime No. 56/2015 on the file of High Grounds Police Station, Bangalore City. The offences alleged against 3 them are punishable under Section 420 r/w 34 of IPC. They are apprehending arrest at the hands of the respondent/police. Hence, they have filed this anticipatory bail application under Section 438 Cr.P.C.
3. The learned HCGP has vehemently opposed the anticipatory bail application on the ground that the petitioners have cheated the complainants - Miss. Radhika B. Pai and her sister-Deepika.
4. The petitioners have furnished separate pay orders for the principal amount and interest amount favouring Miss. Radhika B. Pai and her sister - Deepika which include up to date interest. It is submitted by the learned Counsel for the petitioners that the petitioners are ready to hand over the four D.Ds. to the complainants.
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5. In the light of the same, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions.
6. Accordingly, petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions:
a) That the petitioners shall surrender before the I.O. of the jurisdictional police station or on before 15.4.2015 and in such an event, they shall be released on bail on their executing a personal bond in a sum of Rs.75,000/- each with one surety for the like sum to the satisfaction of the I.O.
b) That the petitioners shall co-operate with the I.O. for conducting investigation; 5
c) That the petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner;
d) That the petitioners shall not involve in any criminal activities;
e) If any of the petitioners violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.
7. The petitioners shall send the four D.Ds., now furnished to the Court through registered post to Miss. Radhika B. Pai and her sister - Deepika in a day or two. If the sister of Miss. Radhika B.Pai is not in town, the same could be sent to the address of Miss. Radhika B. Pai.
Sd/-
JUDGE Nsu/-