IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3549 OF 2019 BETWEEN APSAR @ AFSAR PASHA S/O AMEER MOHAMMED AGED ABOUT 40 YEARS R/AT JARAK BANDE KAVEL M.S.PALYA, VIDYARANYAPURA YELAHANKA BENGALURU – 560 097 …PETITIONER (BY SRI NAVEED AHMED, ADVOCATE) AND STATE OF KARNATAKA BY VIDAYARANYAPURA PS BENGALURU – 560 097 REP. BY S.P.P. HIGH COURT BENGALURU – 01 …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.235/2018 OF VIDYARANYAPURA P.S., BANGALORE FOR THE OFFENCE P/U/S 420, 468, 471 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP. Perused the records.
2. The brief facts of the case are that:
A person by name Harish has lodged a complaint against the petitioner and unknown person by name Vishwanath making allegations that the complainant is the owner of the property bearing No.275 consisting of RCC house situated at Singapura Extension in Vidyaranyapura, Bengaluru and that accused No.2 by name Vishwanath has concocted and created a General Power of Attorney and executed a sale deed in favour of the petitioner herein and it is specifically stated that the complainant has not executed any GPA and the same has been concocted.
3. On perusal of the complaint, the whole allegation is made against the said person i.e., Vishwanath that, he has concocted the GPA for the purpose of executing sale deed in favour of the petitioner. However, a casual allegation is also made that this petitioner was also involved in purchasing the said property knowing fully well that the documents are concocted by accused Vishwanath.
4. Under the above said circumstances, the petitioner being purchaser of the property, whether he is involved in creating the documents or not has to be investigated by the Police. In the contents of the complaint, there is no specific allegation against the petitioner that, he has concocted any documents. However, allegations are there against Vishwanath alleging that he has concocted the GPA and executed sale deed in favour of this petitioner.
5. Under the above said circumstances, with stringent conditions, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. The petitioner shall be released on bail in the event of his arrest in connection with Crime No.235/2018 for the offences under Sections 420, 468, 465, 471 read with Section 34 IPC, subject to the following conditions:
i) The petitioner shall appear before the Investigating Officer within one week from the date of receipt of copy of this order and execute his personal bond for a sum of `1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer;
ii) He shall assist the Investigating Officer in completing the investigation and he shall also co-operate for interrogation and investigation in this regard;
iii) He shall mark his attendance once in a week on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of one month from the date of his first appearance before the Investigating Officer;
iv) He shall not leave the jurisdiction of Bengaluru without prior permission of the Investigating Officer till the charge sheet is filed.
Sd/- JUDGE KNM/-