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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.4595/2022

BETWEEN:

1 .

SMT. PREETHI SINGH @ PRITI SINGH

W/O ANUJ SINGH

AGED ABOUT 32 YEARS

BIAIALPUR, DALAPATTI VILLAGE

SANGIPUR POST, PRATAPGARH

UTTAR PRADESH STATE

PIN CODE 230 139

2 .

SRI. ASHWANI KUMAR SINGH

S/O PRABHAKAR SINGH

AGED ABOUT 25 YEARS

BIAIALPUR, DALAPATTI VILLAGE

SANGIPUR POST, PRATAPGARH

UTTAR PRADESH STATE

PIN CODE 230 139

3 .

SRI. ANURAG SINGH

S/O PRABHAKAR SINGH

AGED ABOUT 23 YEARS

BIAIALPUR, DALAPATTI VILLAGE

SANGIPUR POST, PRATAPGARH

UTTAR PRADESH STATE

PIN CODE 230 139

4 .

SRI. VIJAYSHAMASHER

S/O CHANDRAPAL SINGH

AGED ABOUT 76 YEARS

2

HOUSE NO.322, KOLABAJAR DEEH

PRATAPGARH DISTRICT

UTTAR PRADESH STATE

PIN CODE 230 139.

& PETITIONERS

(BY SRI SHIVASWAMY, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY BANDEPALYA POLICE, BENGALURU

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU - 560 001.

& RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN

THE

EVENT

OF

THEIR

ARREST

IN

CR.NO.149/2021

OF

BANDEPALYA P.S., BENGALURU CITY FOR THE OFFENCES

P/U/Ss.406, 408, 420, 120-B R/W SECTION 34 OF IPC WHICH IS

PENDING ON THE FILE OF THE HON9BLE 4^th ACMM AT

BENGALURU IN C.C.NO.33855/2021.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 438 of Cr.P.C., praying

to enlarge the petitioners/accused Nos.2 to 5 on bail in the event

of their arrest in respect of Crime No.149/2021 registered by

Bandepalya Police Station, Bengaluru City, for the offences

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punishable under Sections 406, 408, 420, 120B read with

Section 34 of IPC.

2.

Heard the learned counsel appearing for the

petitioners and the learned High Court Government Pleader

appearing for the State.

3.

The factual matrix of the case of the prosecution is

that the amounts are transferred to these petitioners by accused

No.1, who are the family members. Hence, invoked the offences

punishable under Sections 406, 408, 420, 120B read with

Section 34 of IPC.

4.

The learned counsel appearing for the petitioners

would submit that this Court already granted bail on 23.03.2022

in respect of accused No.1 in Crl.P.No.952/2022 and the specific

allegation is made against accused No.1. Hence, these

petitioners may be enlarged on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that accused No.1

had indulged in transferring the amount to these petitioners

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account and they are the family members. Hence, there is a

prima facie case against the petitioners herein and the matter

requires to be probed.

6.

Having considered the submissions of the learned

counsel appearing for the petitioner as well as the learned High

Court Government Pleader appearing for the State and also on

perusal of the material available on record, particularly, an

allegation is made against accused No.1 and who has already

been enlarged on bail in Crl.P.No.952/2022 by this Court. Taking

note of the specific allegation against accused No.1, who is

already been enlarged on bail and these petitioners are all the

beneficiaries and the amount was transferred in the name of

these petitioners, hence, it is a fit case to exercise the discretion

under Section 438 of Cr.P.C., in favour of the petitioners, subject

to directing the petitioners to assist the Investigating Officer for

investigation.

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7.

In view of the discussions made above, I pass the

following:

ORDER

The

petition

is

allowed.

Consequently,

the

petitioners/accused Nos.2 to 5 shall be released on bail in the

event of their arrest in connection with Crime No.149/2021

registered by Bandepalya Police Station, Bengaluru City, for the

off