H M CHETHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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.76/2011 of Sakaleshpura Rural Police Station, Hasan for the offences punishable under Section 380 of Indian Penal Code.

(2.) I have heard learned Counsel for the petitioners as well as learned High Court Government Pleader for the State.

(3.) LEARNED Counsel for the petitioners submit that this crime is alleged against the petitioners since there was loan transaction between the complainant and accused. He further submits that it is also difficult to carry 5 cows in a Tata Van. It is the contention of learned Counsel for the petitioners that with mala fide intention to harass the petitioners, the complainant has filed a false case against them. There is force in the submission of learned counsel for the petitioners. The offence alleged against the petitioners are not punishable with death or imprisonment for life. Therefore, considering the facts and circumstances of the case, it is a fit case to grant anticipatory bail, at this stage.