Sri M. Sharmas Ali @ M.S. Ali vs State Of Karnataka on 6 March, 2013

[Cites 3, Cited by 1]

Karnataka High Court

Sri M. Sharmas Ali @ M.S. Ali vs State Of Karnataka on 6 March, 2013

Bench: K.Sreedhar Rao

                            1
     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
         DATED THIS THE 6TH DAY OF MARCH 2013
                         BEFORE
 THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
          CRIMINAL PETITION No.1085/2013

BETWEEN :

1.   SRI M.SHARMAS ALI @ M.S.ALI
     S/O.KHADAR SAB
     AGED ABOUT O68 YEARS

2.   SRI SAMEER ALI M.,
     S/O.M.SHARMAS ALI
     AGED ABOUT 37 YEARS

3.   SMT.M.RASHEEL
     DAUGHTER OF M.SHARMAS ALI

     PETITIONERS 1 TO 3 ARE
     RSEIDING AT C-8, 485
     4TH FLOOR, KENDRIYAVIHAR APARTMENTS
     KOGELA CROSS, YELAHANKA
     BANGALORE 560 064.            ... PETITIONERS

            (BY SRI P.M.SIDDAMALLAPPA, ADV. FOR
            MYLARAIAH ASSTS., ADV.)
AND :

STATE OF KARNATAKA
BY YELAHANKA POLICE
BANGALORE DISTRICT 560 64.            .....RESPONDENT

            (BY SRI DORE RAJU, SPP)

     THIS CRL.P IS FILED U/S.438 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN
THE EVENT OF THEIR ARREST IN CR.NO.13/2013 OF
YELAHANKA P.S., BANGALORE CITY, WHICH IS REGISTERED
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 506
R/W.34 OF IPC.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
                                    2




                              ORDER

A case is registered against the petitioners in Crime No.13/13 on the file of Yelahanka Police Station for committing offences under Sections 420, 506 r/w 34 of IPC.

2. It is the case of the prosecution that the petitioners took money from the complainant on the pretext of getting free site allotted for Rs.1,40,000/-. The petitioners submit that the third petitioner has given a complaint against her husband in respect of dowry harassment and therefore, as a counter blast, her husband and his family members have set up the complainant to file a false case. It is submitted that the first petitioner is a heart patient and third petitioner is a lady.

3. Without going into the merits of the case, it is suffice to direct the Investigating Officer to release the petitioners on bail in the event of their arrest on taking a bond for Rs.2,00,000/- (Rupees two lakhs only) each with like surety. The petitioners shall, within one month from now, move for regular bail before the jurisdictional Court. If such an application is filed, the trial Court shall dispose of the same, without being influenced by this order. 3

4. Petition is allowed.

Sd/-

ACTING CHIEF JUSTICE Sk/-

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