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Rakesh. C vs State Of Karnataka

Karnataka High Court · Decided on 21 April 2023 · Citation: (2023) 04 KAR CK 0015

HON’BLE JUDGES
V Srishananda, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 482 · Indian Penal Code, 1860 — Section 406, 420, 468, 471
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1956 Of 2023
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Judgment

18 paragraphs · 373 words

V Srishananda, J

1.

Learned counsel for the petitioner filed a memo along with a copy of the compromise terms.

2.

Heard Sri.Pradeep C.S., learned counsel for the petitioner, Sri.K.R.Pradeep, learned counsel for defacto complainant and learned High Court Government Pleader.

3.

The petition is filed under Section 438 of Cr.P.C with the following prayer:

“Wherefore, it is prayed that this Hon'ble Court may be pleased to allow this petition and the petitioner be enlarged on bail in the event of arrest in Crime No.341/2022 for the offence punishable under Section 406, 420, 468, 471 of Indian Penal Code registered by the Subramanyapura Police Station which is now pending on the file of IV ACMM Bangalore in the interest of justice and equity."

4.

During the course of the arguments, a memo is filed with a copy of the compromise terms to be presented in the civil suit.

5.

Sri.Pradeep C.S., learned counsel for the petitioner submits that a petition is also filed under Section 482 of Cr.P.C. which is pending before this Court in Crl.P.No.11561/2022, seeking quashing of the complaint after the dispute inter se between the petitioner and defacto complainant is sorted out amicably.

6.

This Court perused the compromise terms to be filed in civil suit. As per the compromise terms, the respondent/defacto complainant has agreed to clear the entire dues on or before 15.05.2023 whereby the petitioner would return the property to the defacto complainant free from encumbrance.

7.

In view of the said positive development in the matter, the coersive action against the petitioner if any including the arrest by the jurisdictional police would only act as an obstacle for the smooth settlement of the dispute between the parties.

Accordingly, a case is made out to allow the petition.

Hence, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) Petitioner is directed to be enlarged on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, if arrested in respect of the Cr.No.341/2022 dated 17.11.2022 of Subramanyapura police station.

(iii) Petitioner shall co-operate with the investigation agency.

(iv) Petitioner shall not tamper the prosecution witnesses in any manner.

(v) Petitioner shall attend the Court regularly.

Ordered accordingly.