Karnataka High Court
Ameeribai W/O. Tulasidas Solanki, vs State Of Karnataka, on 13 March, 2012
IN THE HIGH COURT OF IKARNAT
AKA
CIRCUIT BENCH AT DHAR WAD
DATED THIS THE 13" DAY OF MA
RCH 2012
BEFORE
THE HON'BLE MR.JUSTICE K.N.KE
SHAVANARAYANA
CRIMINAL PETITION No.10259
/2012
BETWEEN:
Smt. Ameeribai,
W/o. Tulasidas Solanki,
Age: 42 years, 0cc.: Household wor
k,
R/o. No.8. Gosavi Wasti,
Hadapsar Vaiduwadi,
Tq.Haveli, Dist.: Pune,
2. Sunil Mohan,
S/o. Mohan Lallu Solanki,
Allegedly shown as Lalukalu,
S/o. Tulasidas Solanki,
Age: 26 years, 0cc.: Business,
R/o. No.8, Gosavi Wasti,
Hadapsar Vaiduwadi,
Tq.Haveli. Dist.: Pune.
3. Vinod S/o. Tulasidas Solanki.
Age: 23 years, 0cc.: Coolie,
R/o. No.8, Gosavi Wasti.
Hadapsar Vaiduwadi,
Tq.Haveli, Dist.: Pune.
.. .Petitioners
All petitioners are allegedly shown
as
Residents of Badoda State: Rajas
tan
[By Shri P. N. Hosamane, Advocate]
AND:
State of Karnataka,
PSI Lokapur Police Station,
Rep. by SPP High Court,
Circuit Bench. Dharwad,
.. .Respondent
[By Shri Anand K. Navalgimath, H.C.G.P
.j
This criminal petition is filed under Sec
tion 439 of
the Code of Criminal Procedure seekin
g to release the
petitioner on bail in Lokpur P.S. Cri
me No.03/2012 for
the offences punishable under Section
s 420 and 511 of
the indian Penal Code.
This criminal petition coming on for
orders, this
day, the Court made the following: -
ORDER
In this petition filed under Section 439 of the Code of Criminal Procedure, the petition ers who have been arrayed as accused Nos,1 to 3 in Cri me No.03/2012 of Lokapur Police Station, registered for the offences punishable under Sections 420 and 511 of the Indian Penal Cod. have sought for bail.
2. The case of the prosecution is that on 04.01.2012, these petitioners cam e to the hotel of complainant Ganakarashetti, Lokapur village and offered to sell gold chains made up of (golden beads) and to make the complainant believe that the gold article which they offered to sell was pur e gold, they gave one bead to the complainant to ha\ e the same tested with a goldsmith and when the com plainant got it tested, it was found to be of pure gold . Later. the complainant on suspicion about the gen iuses of entire article offered for sale, informed the Polic e over phone and handed over these petitioners to the Police along \Tjth the ornaments. On verification, except the pure gold bead rest of them are all fake. On the basis of the report filed by the Lokapur Police, case came to be registered and the investigation was taken up. The petitioners were apprehended and late r subjected to Judicial Custody. Their application for bail came to be rejected by the learned Sessions Jud ge, mainly on the ground that all of them are residents of Bad oda in State of Rajastan and that they do not have per manent abode in this State. Therefore, the petitioners are before this Court.
:3:3. The petition is opposed by the respon dent --
State.
4. I have heard both sides. Perused the records made available.
5. As noticed above, the petitioners sai d to have attempted to cheat the complaina nt by offering to sell fake gold ornaments after providing one sample to the complainant, which was found to be of pure gold.
Perusal of the case papers, though indicates the seizure of the alleged fake gold articles from the possession of the petitioners, at this stage, it doe s not indicate as to whether the articles were subjected to the examination by any goldsmith and are certified as fake articles.
6. Having regard to the facts and circumstances of the case, at thi s stage, I am of the considered opinion, that the petitio ners are entitled to be enlarged on hail. No doubt the petitioners are not residents of the State. The petitio ners have produced the Voters I.D. of petitioners I and 3 as well as the .c.
Identity Card issued by the unique Identification Authority of India in respect of acc used No.2. The learned counsel for the petitioner s submit that the petitioners are ready to offer local sol vent sureties.
7. In the light of the above, the petitio n is allowed. The petitioners are ordere d to be enlarged on bail in connection with Crime No.03 /20 12 of Lokapur Police Station, on each of them execut ing personal bond for a sum of Rs.1,00,000/- with two solvent local sureties to the satisfaction of the Jur isdictional Court and subject to further conditions: -
i) The petitioners shall not intimidate or tamper with the prosecution witnesses in any manner;
ii) The petitioners shall not indulge in any acts similar to one alleged in the case.
iii) The petitioners shall mark their attendance with the Investigating Officer on every 10th and 25th of eac h calendar month till the disposal of the case.
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