Barani Chitraaswamy v. Inspector Of Police
RMT. TEEKAA RAMAN.,J.
The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 419, 464, 467, 468, 470 and 109 of I.P.C, in Crime No.340 of 2023 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that, on 12.09.2012 the petitioner with an intention to cheat the de-facto complainant she colluded with her mother A2 had fraudulently created an unregistered Power of Attorney and based on it, the petitioner herein had entered into a sale agreement dated 26.10.2012 and A3 and A4 said to have signed in the sale agreement and A5 and A6 said to have signed in the fraudulent power of attorney. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. The complaint is purely civil in nature and due to prior enmity between them a false case has been foisted as against her and others with a view to harass and humiliate her. He further submits 1/5
that A6 was granted anticipatory bail during the vacation Court in Crl.O.P.No.11887 of 2023. Hence, she prayed for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the case is under investigation. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.
6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side the power of attorney was executed by the de-facto complainant in favour of the first accused in the year 2013. In order to the said settlement, the bank loan was obtained by the deceased husband of the de-facto complainant. Since the petitioner A1 was not complied with the direction and the defacto complainant has also cancelled the Power of Attorney and having taken into consideration that even before registering the General Power of Attorney, she has fabricated some documents to power the 2/5
interest of the principal. Considering the nature and gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.
8.Accordingly, this Criminal Original Petition is dismissed. 10.08.2023 nvi 3/5
RMT.TEEKAA RAMAN,J., nvi 4/5
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