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Balagopala Shetty and Balashekara vs State of Karnataka

Karnataka High Court · Decided on 3 February 2011 · Citation: (2011) 02 KAR CK 0094

HON’BLE JUDGES
V. Jagannathan, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 420, 465, 467, 471
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 14 of 2011
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Judgment

11 paragraphs · 338 words

V. Jagannathan, J.—Heard tooth sides in respect of anticipatory bail sought by the Petitioners who are accused Nos. 5 & 6 in a case registered in Cr. No. 218/10 by Krishnaraja police station, Mysore, for the offences punishable under Sections 420, 465, 467, 468 & 471 r/w Section 149 of IPC.

2.

Submission of the Petitioners Counsel is that the only overt act alleged against these Petitioners is that in respect of the sale transaction, they said to have attested the document of agreement of sale in the Sub-Registrar''s office and except that there are no other allegations against them. It is also submitted that the trial court has granted anticipatory bail to accused No. 4.

3.

Submission of the learned Addl. SPP for the Respondent-State is that, these Petitioners have attested the agreement of sale before the Sub-Registrar and they were also aware that the intending sellers i.e., accused Nos. 1 to 3 are not the real owners of the land in question.

4.

Having regard to the nature of the complaint allegations and the role assigned by these Petitioners. I am of the view that these Petitioners can be granted anticipatory bail by imposing conditions to safeguard the prosecution interest.

5.

In the result, petition is allowed and anticipatory bail is granted to the Petitioners, subject to the following conditions:

(i) Petitioners shall be released on bail in the event of their arrest in Cr. No. 218/10 by Krishnaraja police, on each of them executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer.

(ii) they shall not tamper or attempt to temper the prosecution evidence.

(iii) They shall not give threat to the prosecution witnesses in any manner.

(iv) They shall co-operate with the police for investigation.

(v) They shall not involve themselves in the offence of like nature in future.

(vi) They shall mark their attendance before the jurisdictional police station on every Saturday between 10 a.m. and 5 p.m.