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Judgment
S Vishwajith Shetty, J
Accused No.4 in Crime No.215 of 2023 registered by KTJ Nagar Police Station, Davangere, for the offences punishable under Sections 394, 420, 504 and 506 read with Section 34 of IPC, is before this Court under Section 438 of Cr.P.C.
Heard learned counsel for the parties.
On the basis of complaint dated 05.09.2023 lodged by Smt M V Shilpa, wife of Dr.Nagaraj, FIR in Crime No. 215 of 2023 was registered against Smt Manjula and 5 others for the aforesaid offences. The petitioner is arrayed as accused No.4 in the FIR. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.1175 of 2023 before the I Additional District and Sessions Judge, Davangere, which was dismissed on 04.10.2023. Therefore, she is before this Court.
Learned counsel for the petitioner submits that the petitioner is a lady having no criminal antecedents. There are no serious allegations found in the complaint against her. Accused No.1 has been granted anticipatory bail by this Court in Criminal Petition No.10710 of 2023. Accordingly, he prays to allow the petition.
Per Contra, learned High Court Government Pleader has opposed the bail application.
On perusal of the complaint averments, it is seen that the complainant who was acquainted with accused No.1 used to visit her beauty parlour and at the request of accused No.1, she had given a sum of Rs.1,00,000/- to accused No.1, which was later paid by accused No.1. Thereafter, accused No.1 allegedly had introduced accused No.2, who had also availed financial assistance from the complainant by paying interest at 2% per month. Accused No.2 is said to have introduced accused Nos.3 to 6 to the complainant. The petitioner is said to be niece of accused no.2 Murigemma, who had availed financial assistance from the complainant.
The only allegation made against the petitioner is that after the complainant had pledged her gold in private financial company, the said company had transferred the amount to the account of the petitioner. The complaint averments makes it clear that the gold was pledged by the complainant in the name of accused Nos.2 and the petitioner. Therefore, the finance company appears to have transferred the amount in the name of petitioner herein.
The petitioner is a lady having no criminal antecedents. Accused No.1 has been granted anticipatory bail by this Court in Criminal Petition No.10710 of 2023. In the said circumstances, I am of the opinion that the petitioner has made out a case for grant of anticipatory bail. Hence, the following:
ORDER
Criminal Petition is allowed.
The respondent - police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.215 of 2023 registered by KTJ Nagar Police Station, Davangere, for the offences punishable under Sections 394, 420, 504 and 506 read with Section 34 of IPC, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.