17 Nov 2022 6:19 AM GMT
The Karnataka High Court has granted anticipatory bail to the wife and child of a practising advocate, who is accused of sending fake orders to his client.A single judge bench of Justice Rajendra Badamikar allowed the petition filed by the woman and her son. The court said: "The petitioners/accused Nos.2 and 3 are directed to be enlarged on bail in event of their arrest, in Crime...
The Karnataka High Court has granted anticipatory bail to the wife and child of a practising advocate, who is accused of sending fake orders to his client.
A single judge bench of Justice Rajendra Badamikar allowed the petition filed by the woman and her son.
The court said:
"The petitioners/accused Nos.2 and 3 are directed to be enlarged on bail in event of their arrest, in Crime No.44/2022 of Vidhana Soudha Police Station, registered for the offences punishable under Sections 420, 465, 468 of IPC on each of them executing personal bond for a sum of Rs.1,00,000 (Rupees One Lakhs only) with one surety for the like-sum."
The complainant in the FIR alleged that she had filed two cases in the high court and engaged the lawyer by paying him a sum of Rs 10 Lakh by way of Demand Draft, Cash and Cheques.
The lawyer allegedly sent court orders to her through WhatsApp, bearing the seal of the high court as well as signature of the Registrar. However, when the complainant checked the website, she could not locate the orders there.
When she enquired from the lawyer, he told her that due to COVID-19 pandemic, certain orders were not uploaded. When she suspected that the orders sent to her were fake, she confronted the lawyer, who allegedly "abused her in filthy language". When she asked him to return the case files and the amount paid, he did not refund the money, as per the complaint.
The complaint was filed on July 4 before the police. It said the lawyer's wife and son had also received a certain amount from the complainant.
The bench on going through the record said: "Though there is allegation in the complaint that the amount is also paid to the present petitioners also, but prosecution has not produced any scrap of paper to show that any amount was deposited to the account of the present petitioners."
The court also noted the petitioners are not legal petitioners and the allegation discloses that it was only the lawyer "who has forged the court's orders and sent through WhatsApp to the complainant".
It also said that one of the petitioners is the woman and the other is a student. "The offences alleged are not exclusively punishable with death or life imprisonment, and are triable by the learned Magistrate. Further the main allegation regarding forgery and cheating is against accused No.1," it added.
Accordingly, the court said it does not find any impediment for admitting the petitioners on bail. The other apprehensions raised by the learned HCGP can be meted by imposing certain conditions."
Case Title: UMADEVI MURUGESH & ANR VERSUS STATE OF KARNATAKA
Case No: CRIMINAL PETITION NO.9966/2022
Citation: 2022 LiveLaw (Kar) 465
Date of Order: 10TH DAY OF NOVEMBER, 2022
Appearance: M.S.R. PRASAD SENIOR COUNSEL FOR SRI. GOVINDARAJU.S.P, ADVOCATE for petitioners; RASHMI JADHAV, HCGP for respondent.
Click Here To Read/Download Order