IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9268 OF 2018 BETWEEN:
1. Moula Shariff, S/o late Sheik Choote Mahaboob Proprietor M/s CMM.Group Aged about 55 years, R/at No.1/1, 1st Floor 2nd Main road R.T.Nagar, Bangalore – 560 032.
2. Smt. Saria Farooq, W/o Mohammed Farooq Ahmed Aged about 50 years, R/at 14/3, Lal Bhag, 1st Cross, Bangalore – 560 027.
3. Mohammed Farooq Ahmed S/o late Sheik Choote Mahab oob Aged about 55 years, R/at, 14/3, Lal Bhag, 1st Cross, Bangalore – 560 027.
...Petitioners (By Sri Imran Pasha, Advocate) AND:
The State of Karnataka, By J.C.Nagar Police Bangalore City, Rep. by State Public Prosecutor High Court of Karnataka, Bangalore – 560 010. …Respondent (By Sri K.P.Yoganna, HCGP for Respondent;
Sri M.N.Patil, Advocate for Sri R. Kothwal, Advocate for Applicant) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.156/2018 of J.C.Nagar P.S., Bangalore for the offence P/U/S 468, 471, 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.2 to 4 under Section 438 of Cr.PC praying this Court to release them on anticipatory bail in Crime No.156/2018 of J.C.Nagar Police Station, Bengaluru for the offences punishable under Section 468, 471 and 420 of IPC.
2. I have heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State and also learned counsel who represents the complainant by virtue of I.A.No.1/2019.
3. The gist of the complaint is that the complainant is the owner of the property bearing Municipal No.23, situated at Benson town, Bengaluru which was purchased by her husband in public auction in the suit O.S.No.111/1971 and 112/1971. It is further alleged that Sri Mohammed Sabi accused No.1 has executed an agreement of sale in respect of said property in favour of the petitioner-accused No.2 and thereafter, she came to know that accused No.1 has created Special Power of Attorney in respect of the said property and has got registered the sale deed for a sum of Rs.45,00,000/-. It is further alleged that the petitioners-accused Nos.2 and 3 in collusion with accused No.1 created forged Special Power of Attorney with an intention to knock away the property belonging to the complainant. On the basis of the complaint, a case was registered in the above said crime.
4. It is the submission of learned counsel for the petitioners that the complainant is in the habit of creation of the said documents and by entering into MOU agreements, she used to take advance amount and has cheated many persons by creating such documents. He further by referring to the case in Crime No.86/2017 submitted that the case has been registered against the complainant for having cheated other persons and the Court has issued NBW against the complainant. He further submitted that the alleged offences are not publishable with death or imprisonment for life and the accused petitioners are ready to abide by any of the terms and conditions that may be imposed by this Court and they are ready to co- operate with the investigation. On these grounds, he prays to allow the petition and to release the accused- petitioners on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners along with accused No.1 have fabricated and created forged Special Power of Attorney and have cheated the complainant without payment of single penny. They have sold the property by creating the documents. He further submitted that the signatures appearing on the front page of the power of attorney and 2nd page of the power of attorney and other endorsements clearly shows that the said documents have been fabricated and created only for the purpose of false transaction. He further submitted that the case which has been registered against the complainant has been closed by ‘C’ report. He further submitted that the petitioners-accused have cheated in Crores of rupees. The investigation is still pending and the Investigating Officer has to collect the documents from BBMP and Sub-Registrar Office and custodial interrogation of the accused-petitioners is very much necessary. He further submitted that there is threat to the life of the complainant. If the accused-petitioners are enlarged on bail, they may cause inconvenience and hardship to the complainant. On these grounds, he prays to dismiss the petition.
6. Learned counsel for the complainant has supported the arguments of learned High Court Government Pleader by assisting on the application.
7. I have carefully and cautiously gone through the contents of the complaint and the other materials which have been produced along with the petition 8. On close reading of the contents of the complaint and other materials it indicates that some transactions have taken place between the parties where bogus documents have been created by the accused-petitioners, in order to absorb the property is a matter which has to be adjudicated only at the time of trial. Still the matter is under investigation. At this juncture, if any view is expressed by this Court, it will hamper the investigation. Hence, I am of the considered opinion that the alleged offences are not punishable with death or imprisonment for life. Even the contention of the accused-petitioners that the complainant is also in the habit of creating such documents and she has also taken the advance amount, all the said facts is a matter which has to be considered and adjudicated at the time of trial. The only apprehension of learned High Court Government Pleader is that the matter is under investigation, the investigation officer has to secure the documents from BBMP and Sub-Registrar Office and there is life threat to the complainant. Hence, same can be protected by imposing some stringent conditions.
Taking into consideration the above facts and circumstances, the petition is allowed and the petitioners-accused No.2 to 4 are ordered to be released on bail in Crime No.156/2018 of J.C.Nagar Police Station, Bengaluru, for the offences punishable under Sections 468, 471, 420 of IPC, subject to following conditions:
1. They shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Laksh Only) each with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall co-operate with the Investigating Officer as and when they asked to appear.
4. They shall not leave the jurisdiction of the Court without prior permission.
5. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till charge sheet is filed.
6. They shall not tamper with the prosecution evidence directly or indirectly and they shall not threaten the prosecution witnesses in any manner.
In the event, if any such allegation comes, the complainant is at liberty to move the Court for cancellation of bail.
Sd/- JUDGE PN/-