SHANKAR @ YELLAPPA S/O. YELLAPPA, MANJAPPA S/O. PUTTAPPA, VENKATESHA S/O. BASAVANNA AND GOVINDA @ GOVINDA GOLLARA S/O. KOLLULLI Vs. STATE OF KARNATAKA REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560001

JUDGEMENT

(1.) THIS petition is fifed seeking bail, in Crime Ho. 148/ 2011 of Kuvempunager police station, Mysore City registered on 19.08.2011 for the offences punishable U/ s.406, 420 r/w Sec 34 of IPC.

(2.) IT is the case of the complainant Sri Johar Ram. S/o. Late Beekagi that, the petitioner were suppliers of Ayurvedic Medicines and that, the first petitioner had taken a sum of Rs. 45,000/ - and 2nd petitioner has taken a sum of Rs. 60,000/ - from the complainant and they had supplied spurious medicines and further demonstrated mixing of the medicines. It is the case of the complainant that, when he was not cured from the medicines given by the accused, complaint is filed by him before the police, when the petitioner were traced in the locality. Hence, the offence of criminal breach of trust and cheating is filed against the petitioner.

(3.) IT is seen that the offences are not triable exclusively by the Court of Sessions and that the offences are not punishable with death or imprisonment for fife and triable by learned Magistrate only. In view of the said position and further the petitioners are resident of Mysore, I am inclined to grant bail to the petitioner.