VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.PC for grant of anticipatory bail to the petitioners in the event of their arrest in Crime No.29/2019, for the offence punishable under Sections 46, 420, 504, 506 R/w 34 IPC and 3(1) (p) (s) SC/ST P.A. Amendment Act 2015.

(2.) The averments made in the bail petition are that on the complaint filed by one Appalal S/o Shankar Rathod on 03.05.2019. The criminal case was registered. The complaint allegations are that the complainant had borrowed loan from HDB Financial Services Ltd., Branch Vijayapura for purchasing Hitachi machine. The complaint had repaid the some installments. But on 28.12.2018, HDB Financial Services Ltd. seized the Hitachi machine belonging to the complainant and the same was seized on the reason that the complainant had committed default in payment of loan installments. When the complainant and his friends had gone to the HDB Financial Services office, the complainant told them that he has already to paid some installments and further requested to release the Hitachi vehicle. The accused No.2 Krishnarao Kulkarni told accused No.4 Sameer Jakati that despite advised given by him two days back they have once again come to the office, some persons told that the loan should not have been given to Lamani people by saying so the accused / petitioner have abused the complainant by taking caste name and have also committed the acts of cheating.

(3.) On registering the complaint, the police have taken up the investigation.