H.S. Mahesh vs State of Karnataka

K.N. Keshavanarayana, J.—In this petition filed u/s 438 Code of Criminal Procedure. the Petitioner who is accused in Crane No. 238/2010 of Belur Police Station, Hassan District, has sought for the relief of anticipatory bail apprehending his arrest in connection with the non-bailable case registered against him for the offences punishable under Sections 465, 468, 471 and 420 of IPC.

2, On the basis of the complaint dated 22.11.2010 lodged by the manager, Belur Urban Cooperative Bank, Belur, the aforesaid case came to be registered by Belur Police. According to the allegations made by the complainant, the Petitioner herein availed loan of Rs. 2 Lakhs on 27.06.2000 and since then, he has not repaid either the principal or the interest and as on the date of the complaint, the Petitioner was due in a sum of Rs. 3,44,140/- towards the principal and interest, It is further alleged in the complaint that, at the time of availing the ban, the Petitioner had furnished documents of the property as security and while submitting the documents, he has forged the document by tampering suvery number of the land from 2 to 12 by adding ''1'' and thereby, he has cheated the Bank and thus, he has committed the aforesaid offences.

According to the Petitioner, he has not availed any loan from the Complainant - Bank and that, the then Manager one S. Nagesh by creating documents credited an amount of Rs. 2 Lakhs to his S.B. Account bearing No. 25/1 on 27.06.2000 and immediately on coming to know of the said credit, on 27.06.2000 itself, he made a representation to the Manager of the Bank to the effect that he had not availed any Joan and that, amount of Rs. 2 lakhs credited to his account does not belong to him and therefore, he enclosed a cheque bearing No. 2391 for Rs. 2 Lakhs and thereafter, the then Manager issued ''No Due Certificate'' regarding the loan and thus, according to the Petitioner, he has not availed any loan as such he is not liable to pay any money to the Bank.

The petition is opposed by the Respondent -State interalia on the ground that there are reasonable grounds to believe that the Petitioner has committed the offences, therefore, he is not entitled for the relief of anticipatory bail.

I have heard both sides and perused the records.

Admittedly, the Respondent - Police have registered a non-bailable case against the Petitioner. Therefore, the apprehension of the Petitioner that he is likely to be arrested in connection with the said case is well-founded. According to the prosecution while availing the loan on 27.06.2000, the Petitioner had furnished the documents, which according to the Bank were forged and fabricated. The complaint came to be lodged about 10 years thereafter, According to the Bank, from the date of availing loan, no amount was paid by the Petitioner. However, according to the Petitioner, he has not availed any loan and after coming to know of the credit of Rs. 2 Lakhs to his S.B. Account, he returned the same by issuing a cheque, These facts are required to be investigated. However, having regard to the facts and circumstances of the case, at this stage, I am of the considered opinion that there are no reasonable grounds to believe that the Petitioner has committed offences as alleged, Admittedly, the Petitioner is a resident of Halebeedu in Belur Tauk of Hassan District. He is stated to be having deep roots in the Society. Therefore, the Petitioner is entitled for the relief of anticipatory bail.

Accordingly, Petition is allowed. The Respondent-Police is directed to release the Petitioner on bail in the event of his arrest in connection with Crime No. 238/2010 of Belur Police Station, Hassan District, subject to the following conditions :

(1) The Petitioner shall execute a personal bond for a sum of Rs. 50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer.

(2) Petitioner shall not tamper or terrorise the prosecution witnesses in any manner.

(3) Petitioner shall not indulge in any act similar to the one alleged.

(4) Petitioner shall appear before the Investigating Officer, as and when required by him and shall co-operate in the investigation of the case.