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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.Vishwajith Shetty
A.M. Hanumante Gowda – Appellant
Versus
State Of Karnataka By The Halasurugate Police Station – Respondent
| Table of Content |
|---|
| 1. filing for anticipatory bail based on fir. (Para 1 , 3) |
| 2. assessment of evidence and situation of the accused. (Para 2) |
| 3. dispute characterized as civil, with counterclaims of fraud. (Para 4 , 5) |
| 4. evidence basis for allegations; age of accused affecting bail. (Para 6 , 7) |
| 5. court's reasoning for granting anticipatory bail. (Para 8) |
| 6. conditions for granting bail stipulated. (Para 9) |
ORDER :
S Vishwajith Shetty, J.
1. Accused nos.1 to 3 in Crime No.201/2024 registered by Ulsoor Gate Police Station, Bengaluru City, for the offences punishable under Sections 464 , 420, 465, 468, 471, 34 of IPC, are before this Court in these two petitions filed under Section 482 of BNSS , 2023, seeking anticipatory bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.201/2024 was registered by Ulsoor Gate Police Station, Bengaluru City, for the aforesaid offences against the petitioners herein based on the first information received from Rajanikanth - Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru City. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.8325/2024 before the jurisdictional Sessions Court, which was dismissed on 27
Anticipatory bail granted when allegations are based on documentary evidence; custodial interrogation deemed unnecessary given the age and health of the primary accused.
Anticipatory bail granted where no criminal offence is established and the matter is primarily civil in nature.
Anticipatory bail is not to be granted routinely; it requires exceptional circumstances, and the court must assess the prima facie case and potential impact on the investigation.
The court granted anticipatory bail to the accused, finding no justification for custodial interrogation given the civil nature of disputes and significant delay in filing the FIR.
Anticipatory bail denied due to insufficient proof of transaction and serious allegations of fraud.
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