Karnataka High Court: A Single judge bench comprising of B.A. Patil, J. while hearing a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 allowed anticipatory bail of the petitioner since there was no material against him in the case.
Brief factual background of the matter was that a complaint was filed by one Ravishankar alleging that the petitioner herein had created fake documents and committed offences punishable under the company law. On a complaint filed by Ravishankar, police completed its investigation and filed a report on the basis of which summons were issued to the accused petitioner. The petitioner challenged the said investigation report.
Counsel for the petitioner pleaded that there were no specific allegations against the petitioner and no material against him on record. It was also contended that livelihood of the petitioner was in France and he regularly shuttled between India and France. In such a scenario if the present petition is not allowed, it would adversely affect his livelihood. Further, he was ready to abide by any terms and conditions that may be imposed on him by the Court and was also ready to offer surety, if released on bail.
Having regard to the facts and circumstances of this case, the petition was allowed by Court with a direction that the petitioner be released on anticipatory bail in the event of his arrest, subject to execution of a bond of Rs 2 lakh along with other conditions such as that of appearance in court when needed and non-tampering of prosecution evidence. [Sanjeev Rao v. State, Criminal Petition No. 5668 of 2018, decided on 03-10-2018]