LAWS(KAR)-2011-3-221

Y.N. RAMACHANDRA RAO, S/O. P. NARAYAN RAO AND SUBRAMANYA RAO, S/O P. NARAYAN RAO Vs. STATE BY UDUPI TOWN POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

Decided On March 15, 2011
Y.N. Ramachandra Rao, S/O. P. Narayan Rao And Subramanya Rao, S/O P. Narayan Rao Appellant
V/S
State By Udupi Town Police Station, Rep. By Its Public Prosecutor, High Court Of Karnataka Respondents

JUDGEMENT

(1.) THE Petitioners are accused Nos. 4 and 6 respectively in Crime No. 170/10 registered by the Udupi Town Police, for the offence punishable under Sections 120 -B, 420, 465, 468, 471 r/w. 34 IPC.

(2.) IT is alleged by the complainant -the officer of Vijaya Bank that one Sheela, executed a power of attorney in favour of her mother -Shanthi, to open an account in her name with an initial deposit, of Rs. 5,000 -00. Later, Shanthi deposited income tax refund order amounting to Rs. 20,21,357 -00 and forged the signature of her daughter -Sheela, got transferred the amount of Rs. 20,20,000 -00 on 09.06.2008 in favour of MOTCO Agency of which the Petitioners are the partners. It is alleged that there is a collusion between the Petitioners and Shanthi. Accused No. 3 has been granted anticipatory bail vide Order of this Court in Crl.P. No. 2691/2010 dated 11.06.2010. It is the case of the 2nd Petitioner that he entered the partnership en 01.04.2009 and to evidence the same, he has produced the document regarding re -construction of the Partnership Deed. So, the 2nd Petitioner became the partner of MOTCO Agency subsequent to the incident. So far as the 1st Petitioner is concerned, he is the holder of 10% profit in the partnership.

(3.) They shall attend the Court as and when directed.