Heard both sides.
2. This is a petition under Section 438 of Cr.P.C., the respondent-police have registered a case against the petitioner in Cr.No.125/2020 for the offences punishable under Sections 465, 468, 420, 504, 323 r/w Section 34 of IPC.
3. The petitioner is accused no.1, his second wife is accused no.2. The petitioner is the father of the complainant. What he reported to the police was that an amount of Rs.19,50,000/- was awarded in connection with acquisition of their land in Sy.No.22/16 and this amount was kept in the joint account of the complainant and his father at District Co-operative Bank, Hassan. On 29.7.2020, the complainant went to the bank for withdrawing the money as he had under taken construction of a house and then he came to know through the Manager that entire money had been withdrawn by the petitioner. When the complainant questioned the petitioner and the second accused about withdrawal, it appears that there had taken place a quarrel and therefore alleging that his father and step mother had cheated him, he made a complaint.
4. The materials so far collected by the Investigating Officer shows that the petitioner withdrew the money from the bank in installments in between the years 2013 2017. There is no dispute that money was kept in the joint account of the petitioner and the complainant and therefore when one of the account holders withdrew money, does it amount to cheating or not is a matter to be established by the prosecution. At this stage, I do not find any prima facie materials. If at all offences as alleged in the FIR have taken place, the petitioners presence can be secured for investigation purpose. Hence I find ground for granting anticipatory bail. ORDER
i. Petition is allowed.
ii. In the event of petitioner being arrested by the respondent/police, in connection with Cr.No.125/2020 of Hassan Extension Police Station, he shall be released on bail, on obtaining from him a bond for Rs.1,00,000/- (Rupees One Lakh only) and two sureties for the likesum to the satisfaction of the Investigating Officer.
iii. He shall appear before the Police Station as and when his presence is required for investigation.
iv. He shall not threaten the witnesses and destroy the evidence in whatsoever manner.
v. He shall not leave the jurisdiction of the trial court till investigation is completed. SD/- JUDGE
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