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Honnathiah @ Vanathiyan vs The State on 13 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.4801 OF 2018

BETWEEN:

HONNATHIAH @ VANATHIYAN
S/O RATHNAM
AGED ABOUT 58 YEARS
R/AT NO.25,11TH CROSS,
R/AT NO.37,BASAVA REDDY LAYOUT
BEHIND APMC MARKET YARD
HULIMANGALA VILLAGE,
KALAMANGALA POST,
HOSKUR ROAD,
BENGALURU-560 099

ALSO AT
HONNATHIAH @ VANATHIYAN
S/O RATHNAM
AGED ABOUT 58 YEARS
R/O THANKUTHU MADHU KOIL SOUTH STREET,
THENKUTHU (R.V.)
VANATHIRAVAPURAM (P) … PETITIONER

(BY SRI: DILRAJ ROHIT SEQUEIRA, ADVOCATE)

AND:

THE STATE
BY THE HEBBAGODI POLICE STATION,
REPRESENTED BY THE
PUBLIC PROSECUTOR
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HIGH COURT OF KARNATAKA,
BANGALORE-560 001. … RESPONDENT

(BY SRI: K.NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.229/2018 OF HEBBAGODI POLICE STATION,
BENGALURU DISTRICT FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 406 AND 420 OF IPC.

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

The petitioner has sought for an order of anticipatory bail

in Cr.No.229/2018 registered for the offences under sections 406

and 420 Indian Penal Code.

Heard the learned counsel for the petitioner and the

learned HCGP. Learned HCGP has not filed any statement of

objections inspite of granting sufficient opportunity.

2. The allegations made in the complaint are that the

petitioner herein received a sum of Rs.50,000/- from the

complainant on the pretext of getting it multiplied 10 times by

performing Akshaya pooja.

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3. The allegations made in the complaint on the face of

it do not attract the ingredients of Section 406 Indian Penal

Code. Insofar as the allegation of cheating is concerned, the

custody of the petitioner is not required to establish the

ingredients of the said offence. There is no material to show that

the petitioner has advanced Rs.50,000/- to the petitioner. The

complaint is silent as to the date when the said pooja was

performed.

4. Accordingly Criminal petition is allowed. The petitioner

is directed to appear before the Investigating Officer within 15

days from the date of this order and on his appearance, the

Investigating Officer shall interrogate the petitioner and shall

enlarge him on bail subject to the following conditions:-

a. Petitioner shall furnish a bond in a sum of

Rs.1.00 lakh(Rupees One lakh only) with one

surety for the likesum to the satisfaction of

the Investigating Officer;

b. The petitioner shall appear before the

Investigating Officer as and when required;
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c. The petitioner shall cooperate in the

investigation;

d. The petitioner shall not threaten or allure the

prosecution witnesses; and

e. The petitioner shall mark his attendance in

Hebbagodi Police Station, Bengaluru on the

15th of every calendar month until submission

of the final report.

Sd/-

JUDGE

*mn/-

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