IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16th DAY OF APRIL, 2013
THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS
CRL.P NO 2047 OF 2013
MR MICHAEL FLOYD ESHWER
S/O B.S. ESHWER
R/AT " BISSAL MUNTI"
POST BOX NO.44,
HYDER ALI ROAD,
(By Sri: DIWAKARA, ADV.)
STATE OF KARNATAKA
BY NAZARBAD POLICE STATION,
REP BY PUBLIC PROSECUTOR
(By Sri : S.DORERAJU, SPP)
CRL.P FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF 2
HIS ARREST IN CRIME NO.46/13 OF NAZARBAD P.S., MYSORE CITY, FOR THE OFFENCES P/U/S 403, 409, 420 AND 464 OF IPC.
This petition coming on for orders, this day, the court made the following;
Edwin Joubert Vaningen filed a complaint with the
respondent police as per Annexure-B against the petitioner
contending that he had fabricated the documents with an
intention to knock off valuable immovable property belonging to
the complainant and the same came to be registered in
Cr.No.46/2013 for the offences punishable under Sections 403,
409, 420 and 464 IPC. The matter is under investigation. The
alleged fabrication of documents is in respect of sale deeds, gift
deeds and adoption deed. Having regard to the nature of
allegations made in the complaint, I am of the considered opinion
that the petitioner is to be enlarged on bail subject to certain
terms. Accordingly, the petition is hereby allowed. In the event 3
of respondent police arresting the petitioner, he shall be enlarged
on bail subject to the following conditions:
i) He shall execute a personal bond for Rupees Two Lakhs with two local solvent sureties for the likesum to the satisfaction of the respondent police. ii) Petitioner shall surrender his passport with the jurisdictional police.
iii) Without prior permission of the jurisdictional Court, the petitioner shall not leave the court jurisdiction. iv) Petitioner shall keep present as and when the respondent police call upon and cooperate for completion of investigation. v) In no manner, Petitioner shall not tamper with the prosecution witnesses.
vi) Violation of any one of the above conditions will result in cancellation of the bail order.