IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4941/2019 BETWEEN 1. KANAKALAKSHMI W/O ASHWATHANARAYANA AGED ABOUT 35 YEARS R/O THIPPANADHODDI VILLAGE MULBAGAL TALUK – 563 131 2. ASHWATHANARAYANA S/O ANANTHAPADMANABHA AGED ABOUT 40 YEARS R/O THIPPANADHODDI VILLAGE MULBAGAL TALUK – 563 131 ...PETITIONERS (BY SRI. J. T GIREESHA, ADVOCATE) AND STATE OF KARNATAKA BY NANGALI POLICE MULBAGAL 563 131 REP BY SPP HIGH COURT COMPLEX BENGALURU-560 001. ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.43/2019 OF NANGALI POLICE STATION, KOLAR FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420 AND 471 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The complainant by name Byramma lodged a complaint stating that, she has got a land bearing Sy. No.19/1 measuring 1 acre 30 guntas and it is alleged that the petitioners in order to grab the said land, have created a lease agreement by forging the thumb impression of the complainant. It appears the investigation has already commenced by registering a case against the petitioners in Crime No. 43/2019 for the offences punishable under Sections 420 and 471 of IPC.
3. Learned counsel for the petitioners has also brought to the notice of this court that, the petitioners/accused have filed a suit in OS No.112/2019 before the Principal Civil Judge and JMFC, Mulbagal, Kolar District, against the complainant and others, in which it is categorically stated that, in respect of the said property, the complainant herself has executed a Registered Sale Deed on 19.12.2018 and since then, the petitioners have been in possession and enjoyment of the said property and therefore, they have filed a suit to that effect seeking for various reliefs. In fact, he has also produced a copy of order of injunction granted in the said case, by the trial Court against the petitioners herein.
4. In the above said circumstances, I am of the opinion that, by means of imposing stringent conditions including that they should assist the investigation, the bail can be granted to the petitioners. Hence, the following order:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.43/2019 of Nangli Police Station, Kolar District registered against them for the aforesaid offences, now pending on the file of the Principal Civil Judge (Sr.Dn.) and CJM, Mulbagal, Kolar District, subject to the following conditions:-
(i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
(iv) The petitioners shall not leave the jurisdiction of Kolar District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
Sd/-
JUDGE KGR*