Karnataka High Court
Sri Kadur C Najappa vs State Of Karnataka on 8 July, 2013
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8TH DAY OF JULY 2013
BEFORE
THE HON'BLE MR. JUSTICE H.N.NAGAMOHAN DAS
Criminal Petition No.3834/2013
BETWEEN :
Sri.Kadur C.Nanjappa,
s/o. Kullaiah,
Aged about 65 years,
R/at. No.12, Sapthashree Nilaya,
9th Main, 5th Cross,
BDA Extension, BSK III Stage,
Bangalore-560 026. ...Petitioner
(By Sri. Dalwai Venkatesh for Petr).
AND :
State of Karnataka
By Subramanyanagar Police Station,
Bangalore City.
Represented by Public Prosecutor
SPP Bangalore-560 001. ...Respondent
(By Sri G.M.Sreenivasa Reddy, HCGP for
respondent).
....
This Criminal Petition is filed under Sec.438 Cr.P.C. by
the petitioner praying to enlarge the petitioner on bail in the
event of his arrest in Cr.No.146/2013 of Subramanyanagar
Police Station, Bangalore City, which is registered for the
offence punishable under Sec.420 of IPC.
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This Criminal petition coming on for Orders
this day, the Court made the following:
ORDER
Petitioner is the accused in Cr.No.146/2013 for the offence punishable under Sec.420 I.P.C. In the complaint it is alleged that petitioner collected a sum of Rs.66 lakhs from the complainant falsely promising that he will secure allotment of sites to the complainant and others.
2. The claim of the complainant is based on an agreement alleged to have been executed by the petitioner. The petitioner has lodged a counter complaint against the complainant and others stating that the agreement relied on by the complainant as fabricated. Thus there is complaint and counter complaint. Having regard to the nature of the offence alleged, I am of the considered opinion that the petitioner is to be enlarged on bail. 3
3. Accordingly, the petition is hereby allowed. The petitioner is enlarged on bail on the following conditions:-
i) In the event of respondent-
police arresting the petitioner, he shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- to the satisfaction of the arresting authority;
ii) Whenever the petitioner is called upon to present before the I.O., he shall do so;
iii) The petitioner shall co-operate with the I.O for completion of investigation and in no manner shall tamper with the prosecution witnesses.
4Violation of any one of the above conditions will result in cancellation of bail order.
Sd/-
JUDGE.
NT/-