IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.9608/2018 BETWEEN :
Gangaraju S/o Chikkamuniyappa Aged about 52 years R/a Beglihosahalli Kolar Taluk, Kolar-563 101.
(By Sri Rahul P., Advocate for Sri Rahul S. Reddy, Advocate) AND :
… Petitioner 1. State by Kolar Rural Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
2. Smt. Channamma S/o Srinivas Aged about 48 years R/a Beglihosahalli Village Kolar Taluk, Kolar District-563 101.
(By Smt. Namitha Mahesh B.G., HCGP) … Respondents 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 Crime No.59/2018 of Kolar Rural Police Station, Kolar, for the offences punishable under Sections 419, 420, 468, 471, 504 and 506 r/w. Section 34 of Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition has been filed by accused No.3 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.59/2018 of Kolar Rural Police Station for the offences punishable under Sections 419, 420, 468, 471, 504, 506 r/w. Section 34 of IPC and Sections 3(1)(s), 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the first respondent- State.
3. Though the notice is served on the complainant, through police, she remained absent.
4. The gist of the complaint is that the complainant was owning 1 acre 30 guntas of land in Sy.No.21 of Chinnenahally Village which was belonged to her father- in-law Muniyappa. The said Muniyappa died in the year 2001. It is further alleged that when Muniyappa was alive, one Y.H.Dinesh Babu, i.e., accused No.1 said to have created some documents to show that the said land would stand in the name of some other person and got executed the sale deed on 24.3.2009 in his favour. Thereafter, on 20.7.2013, accused No.1 sold the land to V.P.Rakshit for a sum of Rs.3,50,000/-. The complainant after having come to know the mutation entry effected in the revenue records, obtained the copies of the same and at that point of time, it is alleged one Begli Surya Prakash called the complainant and told her that the said land has been purchased by the present petitioner and he would see that the complainant would get Rs.20 lakhs from him and at that point of time, he offered a sum of Rs.2,50,000/- as advance. It is stated that the complainant told her that her husband Srinivas would not agree for the same. However, she and her two daughters put their signatures on some document. It is further alleged that at that point of time, she was abused by taking the name of her caste. It is further alleged that about three months prior to 29.1.2018 the complainant met the petitioner with regard to the land transaction and at that time, the petitioner said to have taken the name of the caste of the complainant and abused her and on the basis of the same, complaint has been filed.
5. It is the submission of the learned counsel for the petitioner that the name of the petitioner is not found in the complaint or any other material, but now the police are after him and he apprehends his arrest. He further submitted that there is delay in lodging the complaint. He further submitted that the complaint has been registered after deliberations and discussions. He further submitted that the petitioner also belongs to Scheduled Caste and as such the provisions of Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are not attracted. The said complaint has been registered in order to take revenge as against the petitioner. He further submitted that already accused Nos.2 and 4 have been released on bail and on the ground of parity, the petitioner is also entitled to be released on anticipatory bail. On these grounds, he prayed to allow the petition and release the petitioner on bail.
6. Per contra, the learned HCGP submitted that on perusal of the complaint and other material, it clearly goes to show that the petitioner-accused No.3 impersonated the deceased Muniyappa and fabricated the documents and has cheated the complainant by knowing fully well that the said Muniyappa has expired about three years back. She further submitted that still investigation is in progress and if the petitioner is enlarged on bail, he may tamper with the prosecution evidence and he may abscond and may not be available for investigation or interrogation. On these grounds, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the parties and also perused the records.
8. The alleged incident is said to have been taken place in respect of the sale of the land belonging to the complainant’s father Muniyappa, which is a matter that has to be adjudicated upon only at the time of trial. It is submitted that the complainant was told that she would be paid Rs.20 lakhs by the accused persons and she was offered for a sum of Rs.2,50,000/- as advance. There is an allegation that at that time the complainant was abused by taking the name of her caste but when the accused also belongs to same caste as such Section 3 will not attract. It is alleged that thereafter the accused persons by impersonation, cheated the complainant. Still the investigation is in progress at this pre matured stage it cannot be held accused cheated the complainant when the alleged offences are not punishable with death or imprisonment for life. Already accused Nos.2 and 4 have been released on bail and therefore on the ground of parity, the petitioner is also entitled to be released on bail. Hence, I pass the following order:-
Accordingly, the petition is allowed and the petitioner is granted anticipatory bail. In the event of his arrest in Crime No.59/2018 of Kolar Rural Police Station for the offences punishable under Sections 419, 420, 468, 471, 504, 506 r/w. Section 34 of IPC and Sections 3(1)(s) and 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall make available for investigation and interrogation as and when he is ordered to do so.
v) He shall not leave the jurisdiction of the Court without prior permission.
vi) He shall mark his attendance once in 15 days between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till the charge sheet is filed.
*ck/-
Sd/- JUDGE