JYOTHI Vs. STATE

JUDGEMENT

(1.) Accused No.2 is before this Court under Sec. 438 of the Cr.P.C., seeking anticipatory bail in crime No.141/2022 registered by the Devaraja Police Station, Mysuru, for the offences punishable under Ss. 406, 420, 465, 468 , 471 and 34 of the Indian Penal Code, 1860.

(2.) Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.

(3.) Facts leading to the filing of this petition narrated briefly are: On the basis of the complaint lodged by the Branch Manager, Tumkur Grain Merchants' Co-operative Bank Ltd., Tumakuru, dtd. 29/10/2022, FIR in crime No.141/2022 was registered by the Devaraja Police Station for the aforesaid offences againt one Sri Harish L.B., and two others. The petitioner who is the wife of accused No.1 - Harish L.B., is arrayed as accused No.2 in the FIR. In the complaint, it is averred that accused Nos.1 and 2 had availed a loan of Rs.4.00 Crore from the complainant - bank in the year 2017 and they were paying the monthly installments regularly initially for sometime. Thereafter, they allegedly had defaulted in payment of the loan dues. The cheques issued by them towards repayment of the loan were dishonoured by the drawee bank. When the complainant went near their house and enquired, he suspected the accused persons and on enquiry it was found that the documents in respect of the mortgaged property were forged and created documents. It is in this background he had approached the police on 29/10/2022 and lodged a complaint, which had resulted in registering FIR in Crime No.141/2022. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.772/2023 before the Principal District and Sessions Judge, Mysuru, which was dismissed on 28/4/2023. It is under these circumstances, the petitioner is before this Court.