IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.5231/2018 BETWEEN :
Smt. Geetha W/o Srinivasamurthy Aged about 45 years R/at No.141/3, 3rd Main, K.B. Nagar, Mysore Road Bengaluru-560 026. … Petitioner (By Smt. Bharati Wadekar, Advocate for Sri. B.V. Pinto, Advocate) AND :
State of Karnataka by Madanayakanahalli P.S. Represented by State Public Prosecutor High Court Building Bangalore-560 001. … Respondent (By Smt. B.G. Namitha Mahesh, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in event of her arrest in Crime No.169/2018 of Madanayakanahally Police Station, Bangalore City, for the offence punishable under Section 420 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 438 of Cr.P.C. praying to release her on anticipatory bail in Crime No.169/2018 of Madanayakanahally Police Station for the offence punishable under Section 420 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that petitioner- accused No.2 and other accused persons assured the complainant to provide Site No.189 in Sy.No.38 measuring 20’x30’ under Ashraya Scheme and asked the complainant to bear the expenses. Accordingly, the petitioner and other accused persons forced the complainant to pay a sum of Rs.4,15,000/- to their bank account and after transferring the said amount, the accused persons issued hakku patra (allotment letter) containing the signature of Executive Officer with seal and handed over the same to the complainant. Based on the said letter when the complainant approached the Revenue Officer for change of khatha, she came to know that no sites are formed in Sy.No.38 under Ashraya Scheme and the said allotment letter is a fake document. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner is not involved in the alleged offence. No transactions have taken place between the petitioner and the complainant. She further submitted that the transactions had taken place between the father-in-law of the complainant and the petitioner and the said transactions have already been closed. The documents which were there with the complainant have been misused and now a false complaint has been registered. Alleged offences are not punishable with death or imprisonment for life. She further submitted that the petitioner is ready to abide by any conditions imposed by this Court and ready offer sureties. On these grounds, she prayed to allow the petition and to grant anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that it is accused No.1 who fabricated the said records of hakku patra and handed over the same to the complainant and thereafter it came to the notice of the Revenue Officer that it is a fake one. She further submitted that if the petitioner is granted bail, she may abscond and may not be available for trial. She further submitted that investigation and interrogation has to be made to know about the fabrication of the documents and the amount has to be recovered from the possession of the accused persons. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it would indicate that the transaction in question has taken place assuring the complainant that site No.189, measuring 20’x40’ in Sy.No.38 will be provided under Ashraya Scheme and an amount 4,15,000/- was also got transferred to the bank account of the accused. Whether the said documents are fabricated or not that is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Under such circumstances and petitioner being a lady, by imposing some stringent conditions, if she is granted anticipatory bail, it would meet the justice.
Accordingly, the petition is allowed and the petitioner-accused No.2 is granted anticipatory bail. In the event of her arrest in Crime No.169/2018 of Madanayakanahally Police Station for the offence punishable under Section 420 r/w. Section 34 of IPC, the petitioner herein-accused No.2 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) She shall surrender before the Investigating Officer within fifteen days from today.
iii) She shall be regular in attending the trial.
iv) She shall not leave the jurisdiction of the trial Court without prior permission.
v) She shall mark her attendance once in 15 days before the jurisdictional police between 10.00 a.m. and 5.00 p.m., till the charge sheet is filed.
vi) She shall not indulge in similar type of criminal activities.
Sd/- JUDGE *ck/-