IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2419/2019 Between:
Lokesh H S/o.T.Hanumanthappa, Aged about 50 years, R/at No.38, 3rd Cross, Vishaldiets, Canara Bank Colony, Uttarahalli, Bengaluru – 560 061 …Petitioner (By Sri K.V.Sateesh Chandra, Advocate) And:
State of Karnataka by Talagattapura Police Station, Bengaluru Rural Represented by its SPP High Court Building, Bengaluru – 560 001 (By Sri S.Rachaiah, HCGP) ... Respondent 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 Cr.No.24/2019 of Thalaghattapura Police Station, Bengaluru City for the offence punishable under Sections 420, 468, 463, 464, 416 and 415 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to proceedings in Crime No.24/2019 for the offences punishable under Sections 420, 468, 463, 464, 416 and 415 read with Section 34 of IPC.
2. The case of the prosecution is that one Vasudev Bhat is the complainant who is stated to be the owner of the property and had purchased the said property through registered sale deed. After obtaining sanction of building plan, construction was put up consisting of 28 apartments. It is stated that the complainant has neither sold or leased any of the flats, as the complainant was staying abroad. After returning to India on 14.01.2019 complainant noticed that some persons had trespassed into the property and put up boards stating that about 10 flats belonged to LIC Housing Finance Ltd., and on enquiry he found out that the alleged buyers had mortgaged the flats to LIC Housing Finance Ltd., by taking loan and committed default and accordingly the lender was taking steps for recovery. Subsequently, on further enquiry the complainant came across the documents which were concocted, fabricated and not executed by him. In the light of the same, complaint has been filed, FIR was registered and investigation is in progress.
3. The petitioner states that the complaint does not contain his name and that other persons is said to have been involved in the offences i.e., accused Nos.1 and 2 and have been enlarged on regular bail in the Court of Magistrate.
4. It is stated that petitioner is innocent of the offences alleged and proof of offence is a matter of trial and he would co-operate with the investigation and he is ready to be subjected to appropriate conditions as may be imposed.
5. Taking note of the nature of transactions and the offences are triable by Magistrate and also noticing the submission that the main allegations is against accused Nos.1 and 2 and the role of the petitioner is a matter for further investigation, case is made out to enlarge the petitioner on bail.
6. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in connection with the proceedings in Crime No.24/2019 for the offences punishable under Sections 420, 468, 463, 464, 416 and 415 read with Section 34 of IPC subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.24/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week, till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE KPS