M.VINAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.3 and 4 under Sec. 438 of Cr.P.C. for granting anticipatory bail in Crime No.46/2022 registered by the respondent Police Station, now pending on the file of 30th Additional Judge, Small Causes Court, Bengaluru in C.C. No.12032/2022 for the offences punishable under Ss. 3 and 4 of Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 and also Ss. 323, 504, 506, 384, 342, 417, 420 read with 34 of IPC.

(2.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State and perused the records.

(3.) Brief facts of the case of the prosecution is that one Sri Jayaram Bhat filed a complaint to the respondent - Police on 25/2/2022 alleging that he borrowed a loan of Rs.25,00,000.00 from accused No.2 in the year 2017, at that time he has taken signature of the complainant on the blank papers and lend loan at the rate of 10% interest per annum and after sometime he started demanding 5% interest per month and even though the complainant has paid much amount towards the interest but the accused were insisting for more interest. Therefore, a complaint came to be filed against accused Nos.1 and 2. Subsequently accused Nos.1 and 2 filed a bail petition before the Sessions Judge for granting anticipatory bail and the same came to be granted. But while filing the charge-sheet, the Police inserted the names of these petitioners as accused Nos.3 and 4. The petitioners apprehending their arrest in the hands of the Police has approached the Sessions Judge for granting anticipatory bail in Crl.Misc. No.4096/2022, which came to be dismissed as not maintainable. Hence, the petitioners are before this Court.