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B. A. PATIL
V. Srinivas – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
B.A.PATIL, J. - This petition has been filed by the petitioner/accused No.4 under Sec. 438 of Cr.P.C., to enlarge them on anticipatory bail in Crime No.55/2020 of Thilak Park police station, (pending on the file of the III Additional Civil Judge (Jr Dvn) and JMFC Court, Tumakuru), for the offences punishable under Ss. 406, 420, 467, 468, 470 read with Sec. 34 of IPC.
2. I have heard the learned Senior counsel Sri.M.T.Nanaiah for petitioner/accused No.4 virtually and the learned HCGP Sri.M.Divakar Maddur, for the respondent-State.
3. The gist of the complaint is that petitioner/accused No.4 and other accused persons being the employees of Tumakuru Urban Development Authorities along with some gunda elements, sold certain properties belonging to Tumakuru Urban Development Authorities by cheating to the tune of Rs.89, 00, 000.00 by selling the said sites which have been already sold to some other persons. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned Senior Counsel that the petitioner/accused No.4 is innocent and he is in no way concerned to the said crime, serious allegations have been made as against other accused per
The court's decision to grant anticipatory bail with stringent conditions was based on the nature of the alleged offences and the specific contentions made by the petitioner's counsel.
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
The main legal point established in the judgment is that delay in filing an FIR, along with the content of relevant documents and the scope of Section 438 of the Cr.P.C., can be valid considerations ....
Criminal breach of trust and cheating – To attract offences under Sections 420 and 406 of IPC there should be intention to cheat from beginning itself.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the overall facts and circumstances of the case and the likelihood of the applicant's....
The court denied anticipatory bail due to substantial evidence of cheating under IPC sections.
Delay in filing a complaint and the pendency of a civil suit on the same subject matter can be factors that weigh in favor of granting anticipatory bail.
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