GAJENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 433 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.26/2011 of Vidhana Soudha Police Station, Bangalore for the offences punishable under Sections 467,468,420 read with Section 120-B of Indian Penal Code.

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

(3.) THE main allegation made against this petitioner is that he had borrowed loan amount from the Apex bank by mortgaging property belonging to accused No.3. It is alleged that the said document is a forged one. Though this transaction taken place on 01.06.2008, complaint have been filed on 10.04.2011. THEre is delay in lodging the complaint. Since the accused has not repaid loan amount, belatedly this complaint has been filed by the bank. In my view, there are no reason to believe that accused has committed the offence punishable under Section 467 of Indian Penal Code. With regard to other offences alleged against the petitioner is concerned, they are not punishable with death or imprisonment for life. THErefore, considering the facts and circumstances of the case in my view, it is a fit case to grant anticipatory bail, at this stage.