The Karnataka High Court in the case Umadevi Murugesh & Anr versus State of Karnataka observed and has granted anticipatory bail to the wife and child of a practising advocate, who is accused for sending fake orders to his client.
The Single judge bench comprising of Justice Rajendra Badamikar observed and has allowed the plea filed by the woman and her son.
The court stated and has directed the petitioners/accused Nos.2 and 3 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 Section 420, Section 465,Section 468 of Indian Penal Code, 1860 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.
Further, it has been alleged in the FIR by the complainant that she had filed two cases in the high court and has engaged the lawyer by paying him a sum of Rs 10 Lakh by way of Demand Draft, Cheques and Cash.
Further, the lawyer allegedly sent court orders to her through WhatsApp, while bearing the seal of the high court as well as signature of the Registrar. Thus, she could not locate the orders there, when the complainant checked the website.
On July 4, the present complaint was filed before the police. Therefore, it was also stated that the lawyer’s wife and son had also received a certain amount from the complainant.
Court Findings:
The bench while going through the records stated that there being an allegation in the complaint that the amount is also being paid to the present petitioners but it has not been produced by the prosecution any scrap of paper for showing that any amount was deposited to the account of the present petitioners.
It has also been noted by the court that the petitioners are not legal petitioners and the allegation made discloses that it was only the lawyer “who has forged the order of the court and sent through WhatsApp to the complainant”. Moreover, it has also been said that one of the petitioners is the woman and the other is a student and the offences alleged are not exclusively punishable with death or life imprisonment, and are being triable by the learned Magistrate. Further the main allegation regarding cheating and forgery is against accused No.1.
Further, the court does not find any impediment for admitting the petitioners on bail. Thus, the other apprehensions which are the learned HCGP can be meted by imposing certain conditions.
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