(Prayer: This Crl.P is filed u/S 438 Cr.PC (filed u/S 482 BNSS) praying to grant transit anticipatory bail in Cr.No.149/2024 dated 13.07.2024 registered by the Bamhori Kala P.S. Tikamagadh District Madhya Pradesh for the offence P/U/S 420,467,468,471 r/w 34 of IPC.)

Oral Order

1. Heard the learned counsel for the petitioner and learned HCGP on behalf of the respondent - state.

2. Petitioner is before this Court in this petition filed under Section 482 of BNSS 2023, seeking transit interim anticipatory bail in Crime No.149 of 2024 registered by Bamhori Kala Police Station, Tikamaghad District, Madhya Pradesh for offences punishable under Sections 420, 467, 468, 471 R/w Section 34 of IPC.

3. The learned counsel for the petitioner submits that, petitioner is a Ex-Service man, aged about 78 years. Since some money was transferred to the bank account of the petitioner, Madhya Pradesh Police have summoned the petitioner for the purpose of enquiry. Since the petitioner apprehends arrest, he intends to file an application seeking anticipatory bail before the jurisdictional Court in Madhya Pradesh State. So as to enable the petitioner to file such application, he prays for limited transit bail.

4. Per contra, learned HCGP who has appeared on behalf of the first respondent State has not seriously opposed the prayer made in the application.

5. The material made available before this Court by the learned counsel for the petitioner would go to show that petitioner aged 78 years is a Ex-service man. It appears that a case has been registered in crime No.149 of 2024 in the month of July, 2024 by Bamhori Kala Police Station in Madhya Pradesh State and during the course of enquiry since certain doubtful transactions were found in bank account of the petitioner he has been summoned for the purpose of enquiry. Since the petitioner intends to file necessary application before the jurisdictional Court in Madhya Pradesh State seeking anticipatory bail, I am of the opinion that some protection is to be given to the petitioner so as to enable him to approach the said Court seeking anticipatory bail.

6. The law with regard to the power of Court to grant transit anticipatory bail has been laid down by the Hon'ble Supreme Court in the case of PRIYA INDORIA V. STATE OF KARNATAKA - (2024) 4 SCC 749.

7. Under these circumstances, I am of the opinion that if the prayer made by the petitioner for transit anticipatory bail is granted for a limited period, the same would serve the ends of justice.

8. Accordingly the following:-

ORDER

          The Criminal Petition is allowed.

          The petitioner is granted transit anticipatory bail for a period of three weeks from the date of receipt of copy of this order The respondent - Police or any other police in the State of Karnataka / Madhyapradesh are directed to release the petitioner in the event of his arrest in Crime No.149 of 2024 registered by Bamhori Kala Police Station, Tikamaghad District, Madhya Pradesh for offences punishable under Sections 420, 467, 468, 471 R/w Section 34 of IPC subject to the following conditions:

          1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties for the like sum to the satisfaction of Investigating Officer.

          2. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

          3. The petitioner shall not involve in similar offences in future.