IN THE HiGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 8th DAY OF APRIL, 2011 BEFORE THE HONBLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10477/2011 BETWEEN Sri. Baldev Singh Deval S/o.Prem Singh Age: 45 years, 0cc: Business R/o. Patesh Nagar near RNS Tiles Factory Hubli PETITIONER (By Sri. M. Kusumakar, Adv.) AND The State of Karnataka By Yeilapur Police Station, Yellapur Reptd by SPP RESPONDENT (By Sri. Anandkumar K. Navalgimath, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN YELLAPUR P.S. CRIME NO.270/2010 PENDING ON THE FILE OF THE JMFC COURT, YELLAPUR WITH THE DIRECTION TO THE POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF PETITIONER’S ARREST. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard both sides in respect of the anticipatory bail sought by the petitioner. 2. Submission made by the petitioner’s Counsel is that a private complaint was lodged by one Sanjav Gopalkrishna Gunaga against three persons and it is alleged in the said private complaint that the complainant sold a truck belonging to him to the 2rn1 accused in the presence of accused Nos. 1 and 3. The said second accused did not pay the amount to the complainant. Therefore, the complainant sought for action to be taken against the accused persons as this is an act of cheating on the part of the accused, 3. Referring to the above complaint allegations, submission made by the learned Counsel for the petitioner is that, the petitioner happens to be the owner of accused No.2 and hence anticipatory bail be granted. 4. The learned High Court Government Pleader on the other hand submitted that the petitioner is not the accused and therefore, there can be no apprehension of arrest. 5. Having thus heard both sides and as the petitioner apprehends arrest following the complaint being lodged against the petitioner’s driver and this Court also having taken note of the apprehension of the petitioner on the basis of the police visiting the house of the petitioner in connection with Crime No.180/2010, the petitioner therefore, can be granted anticipatory bail by imposing conditions. 6. In the result, the petition is allowed subject to following conditions: i. In the event of arrest, the petitioner shall be released on bail on his furnishing personal 4 bond for Rs.50,000/- with two sureties for the likesum to the satisfaction of the arresting police officer. ii. He shall assist the police in the investigation and shall co-operate with them. Sd/ JUDGE gab