IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.297/2019 C/W CRIMINAL PETITION NO.298/2019 IN CRL.P.NO.297/2019 BETWEEN:
1. Manjunatha.J.T, S/o. Late.J.M.Thippeswamy, 68 years, Agriculturist, 2. Smt. Saraswathi, W/o. J.T.Manjunath, 60 years, 3. Smt.Keerthi, D/o. J.T.Manjunath, 32 years, Working woman All residents of Sri. Mallikarjuna Nilaya, Nehru Road, SBI Bank Behind, Jagalur Town, District: Davangere-577 528. ...Petitioners (By Sri. I.G.Gachchinamath, Adv.,) AND:
The State of Karnataka, By its Turuvanuru Police Station, Chitradurga, Represented by State Public Prosecutor, High Court Building, 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.145/2018 registered by Turuvanur Police Station, Chitradurga for the offence p/u/ss 120B, 420, 465 and 468 of IPC.
IN CRL.P.NO.298/2019 BETWEEN:
1. Smt. Karuna, D/o. J.T.Manjunath, 35 years, working woman, 2. Smt.Kavya, D/o. J.T.Manjunath, Aged 30 years, Working woman, All residents of Sri. Mallikarjuna Nilaya, Nehru Road, SBI Bank Behind, Jagalur Town, Dist: Davangere 577528. ...Petitioners (By Sri. I.G.Gachchinamath, Adv.,) AND:
The State of Karnataka, By its Turuvanuru Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri. K.P. Yoganna, HCGP; Sri.G.J.Sunkapur, Advocate for applicant in I.A.1/19-absent) 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.145/2018 of Turuvanur Police Station, Chitradurga for the offence p/u/ss 120B, 420, 465, 468 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R The Crl.P. No.297/2019 has been filed by the petitioners/accused Nos.1 to 3 and Crl.P. No.298/2019 has been filed by the petitioners/accused Nos.4 and 5 under Section 438 of Cr.P.C., praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.145/2018 of Turuvanur Police Station for the offences punishable under Sections 120B, 420, 465 and 468 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the property bearing Reg. No.506/1P1 belongs to the husband of the complainant. The accused persons with a malafide intention to grab the said property, they forged the Geneology tree and other records and fed them in a regular appeal thereby, cheated the Court and fabricated the documents with an intention to absorb the said property. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioners that there are civil disputes pending between the parties in respect of the said property. The complainant with a vengeance and to harass the accused petitioners has filed a complaint. It is further submitted that the similar complaint has also been filed in Davanagere, therein, the accused petitioners have already been enlarged on bail. It is further submitted that whether the said documents are forged or not which has to be considered and appreciated at the time of trial. Now, the accused petitioners apprehends their arrest. In the event of their arrest, they will be harassed and the alleged offences are not punishable with death or imprisonment for life and further it is submitted that they are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 to 5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the contents of the complaint and other materials discloses the fact that the petitioners by fabricating the documents, have produced the same before the Court of Special, 2nd Additional District and Sessions Judge, Chitradurga and obtained the decree by playing fraud, which is a serious offence. It is further submitted that the Investigating Officer has to collect the documents and the same has to be sent to FSL for verification to prove whether there is fabrication of documents by the accused petitioners or not? And it is submitted that the accused petitioners are absconding since from the date of registration of the case and if they are released on bail, they may not be available for investigation or interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. It is not in dispute that the civil cases are pending between the parties and the Court has also adjudicating the said cases. The only allegation which has been made against the accused petitioners is that by fabricating the documents, they created Genealogy and produced the documents before the Court below and obtained decree. Whether the said documents are fabricated or not? is a matter which has to be considered and appreciated at the time of trial. The alleged offences are not punishable with death or imprisonment for life. The only apprehension of the learned High Court Government Pleader is that the Investigating Officer has to secure the documents and send to FSL for verification, that can be done because the said documents are already before the Court and there is no question of they being tampering or meddling of the accused persons. Under the said circumstance, I feel that by imposing some stringent conditions, if the accused petitioners are ordered to be released on bail, it is going to meet the ends of justice.
8. In that light petition is allowed and the petitioners/accused Nos.1 to 5 are enlarged on anticipatory bail in the event of their arrest in Crime No.145/2018 of Turuvanur Police Station for the offences punishable under Sections 120B, 420, 465 and 468 of IPC subject to the following conditions:
1. Each of the petitioners shall execute a personal bond for a sum of Rs1,00,000/- (Rupees One Lakh Only) with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the chargesheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE VBS