IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8935/2018 BETWEEN H.J.NAGARAJU, S/O JAYARAMAPPA, AGED ABOUT 48 YEARS, SENIOR SUB-REGISTRAR, TUMKUR SUB-REGISTRAR OFFICE, TUMKUR CITY-562343 ... PETITIONER (BY SRI. B.LETHIF, ADV.) AND THE STATE OF KARNATAKA BY TUMKUR TOWN POLICE STATION, TUMKUR DISTRICT, REP. BY THE S.P.P, HIGH COURT BUILDING, BANGALORE – 560001. ... RESPONDENT (BY SMT. NAMITHA MAHESH.B.G., HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.248/2018 REGISTERED BY TUMAKURU TOWN POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 418, 420, 463, 468 AND 471 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.6 in crime No.248/2018 of Tumkur Town Police Station.
2. Smt.Kanthamma w/o. Kumaraswamy and her son Dayananda filed PCR No.20/2018 against the petitioner and accused Nos.1 to 5 alleging that accused No.1 impersonating her husband Kumaraswamy got executed the sale deed dated 19.07.2016 in respect of site No.59 owned by Kumaraswamy. It is further alleged that impersonating Kumaraswamy, accused No.1 presented document before the petitioner for registration on 19.07.2016. It is alleged, the petitioner, who was the Senior Sub-Registrar of Tumkur town in collusion with others accused registered the said document. Accused Nos.2, 3 and 5 are the attestors to the sale deed and accused No.4 is the Scribe of the document.
3. Learned Magistrate acting under Section 156 (3) of the Cr.P.C. referred the compliant to the respondent-Police for investigation. On that basis, respondent-Police have registered the FIR in crime No.248/2018 as aforesaid.
4. The sale deed was registered on 19.07.2016.
Complainant’s husband died on 07.11.2017. The document produced by the petitioner shows that the person who presented the document as the executant furnished the election identity card which borne the name of the Kumaraswamy.
5. The complainant has also filed O.S.No.399/2018 on the file of the Principle Civil judge and Senior Division, Tumkur seeking declaration that the sale deed dated 19.07.2016 in favour of the petitioner does not bind the plaintiffs and the same be declared as null and void etc., 6. Under this circumstance, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.248/2018 of Tumkur Town Police Station subject to the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE VM CT-HR