.IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8255 OF 2019 BETWEEN:
M R SHARIFF, S/O. A. R. SHARIFF, AGED ABOUT 54 YEARS, R/AT NO. 105, 1ST BLOCK, CHICKA BASTI, BANGALORE-560 026. ...PETITIONER (BY SRI ANEES ALI KHAN, ADVOCATE) AND:
STATE BY SAMPIGEHALLI POLICE STATION, BANGALORE-560 064, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE-560 001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** 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.131/2019 REGISTERED BY SAMPIGEHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 415,419, 420, 423, 465, 468 AND 471 R/W 34 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.131/2019 of Sampigehalli Police Station for the offence punishable under Sections 415, 419, 420, 423, 465, 468, 471 read with Section 34 of IPC.
3. A lady by name Smt.Lalitha lodged a complaint making allegations that site Nos.3 to 7 formed in Sy.Nos.146/6 and 146/7 totally measuring 15750 sq.ft. belonged to the complainant, it is alleged that accused No.1 has concocted a registered GPA on 23.05.2018 and on the basis of the said document, got executed a sale deed and thereafter executed the sale agreement in favour of one Afzal Khan (accused No.2). Therefore, she has stated that she has not executed any GPA, it is a concocted document, on that ground complaint has been lodged and Police are investigating the matter.
4. Learned counsel for the petitioner drawn my attention by producing the General Power of Attorney alleged to have been executed by the complainant which bears the thumb impression and photographs of the said lady. It is a registered document executed before the Sub- Registrar.
5. Therefore, whether the said document is a forged document or not has to be examined during the course of investigation. The said GPA as well as the sale deeds are available to the Police. The custodial investigation of the petitioner, in my opinion, under the above said facts and circumstances, may not be necessary if a direction is issued to the petitioner to cooperate with the investigation in order to complete the investigation as expeditiously as possible. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.131/2019 of Sampigehalli Police Station, Bengaluru City, for the alleged offences, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a 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 petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE BSR