IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9275 OF 2018 BETWEEN:
1. K.R.NAVEENA S/O RAMANJINAPPA AGED ABOUT 32 YEARS R/AT NO.156, KUDUVATHI VILLAGE NANDI HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT – 562 103 2. K.NATARAJ S/O T.KRISHNAPPA AGED ABOUT 46 YEARS R/AT NO.158, KUDUVATHI VILLAGE NANDI HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT – 562 103 3. K.C.SHIVAKUMAR S/O CHIKKANARASIMHAIAH AGED ABOUT 45 YEARS R/AT NO.128-B, KUDUVATHI VILLAGE NANDI HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT – 562 103 4. C.MUNIKRISHNAPPA S/O CHIKKANARASIMHAIAH AGED ABOUT 43 YEARS R/AT KUDUVATHI VILLAGE NANDI HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT – 562 103 ...PETITIONERS (BY SRI RAGHAVENDRA V., ADV.) AND STATE OF KARNATAKA BY NANDI GIRIDHAMA POLICE STATION CHIKKABALLLAPUR DISTRICT – 562 103 REPRESENTED BY HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.188/2018 OF NANDI GIRIDHAMA POLICE STATION, CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/U/S 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Nandi Police, Chickballapura, have registered Crime No.188/2018 against the petitioners for the offence punishable under Section 306 of IPC, on the basis of complaint of one Narayana Swamy son of Akkalappa.
2. Case of the prosecution in brief is as follows: The accused agreed to purchase land bearing Sy.No.62/1 measuring 10 guntas standing in the name of complainant’s father and paid `7.5 lakhs as advance.
Representing to the complainant and other stakeholders that accused are taking only agreement of sale from them, got executed the sale deed itself and got the khata changed. Akkalappa, the complainant’s father on coming to know about the fraud played on him, went into depression and committed suicide on 27.10.2018 at 5.30 a.m. hanging himself to a tree in a land in the outskirts of the village. Said Akkalappa has left a suicide note implicating the petitioners.
3. Learned Counsel for the petitioners produces copies of agreement of sale, General Power of Attorney and sale deed relevant to the case. Those documents show that deceased and his family members purportedly executed the agreement of sale on 15.5.2017 and General Power of Attorney dated 15.5.2017 in favour of one Ravi Kumar.P.L. Those documents further show that said Ravi Kumar executed the registered sale deed dated 27.9.2017 in favour of himself by virtue of such Power of Attorney. As per those documents, petitioners were not parties to the alleged sale transaction.
4. Even otherwise, the entire transaction is evidenced by registered documents. Therefore, chances of petitioners tampering them are remote. The offence alleged carries imprisonment upto ten years.
5. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioners are granted anticipatory bail in Crime No.188/2018 of Nandi Police, Chickballapura, subject to the following conditions:
1. They shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bond in a sum of `1,00,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and disposed of accordingly.
Sd/- JUDGE KNM/-