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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;
4c. 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/-