IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7763 OF 2019 BETWEEN:
1. R RAVI S/O LATE GANESH, AGED ABOUT 47 YEARS, RESIDING AT NO.135/3, 3RD STAGE, 3RD BLOCK, BASAVESWARANAGARA, BANGALORE-560079.
2. G. DEVARAJ @ DEVARAJAIAH S/O LATE GANGAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO.126, EWS 1ST STAGE, 2ND BLOCK, BASAVESHWARANAGARA, K.H.B. COLONY, BANGALORE-560079.
3. SIDDARAJU.R S/O RAMANNA, AGED ABOUT 46 YEARS, RESIDING AT NO.1248, WEST OF CHORD ROAD, MAHALKASHMIPURA, BANGALORE-560079.
4. KRISHNAPPA .J S/O LATE JANGAMAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.589, 6TH CROSS, MUNESHWARA LAYOUT, LAGGERE, BANGALORE-560058.
5. VARAMAHALAKSHMI @ VARALAKSHMI W/O DEVARAJ, AGED ABOUT 30 YEARS, RESIDING AT NO.11, 10TH CROSS, MADESHWARA MAIN ROAD, MARUTHI NAGAR, HEROHALLI, BANGALORE-560058.
6. ASHOKA T. P.
S/O PUTTASWAMY, AGED ABOUT 35 YEARS, RESIDING AT NO.192, MATHRUSHREE NILAYA, 4TH MAIN, 6TH CROSS, KOTTIGEPALYA, BANGALORE-560058. … PETITIONERS (BY SRI.CHANDRASHEKARA K.A., ADV.) AND:
1. THE STATE OF KARNATAKA BY THE POLICE OF NANDINI LAYOUT POLICE STATION, BENGALURU CITY-560096.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001. ... RESPONDENT (BY SRI.ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. TO PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.396/2019 OF NANDINI LAYOUT P.S., BENGALURU FOR THE OFFENCE P/U/S 427, 506, 146, 147, 149, 395, 142, 448, 342, 141, 354 OF IPC AND ETC.
THIS 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. Petitioners are arraigned as accused Nos.1, 2 and 4 to 7 in Crime No.396/2019 for the offence punishable under Sections 427, 506, 146, 147, 149, 143, 395, 142, 448, 342, 141 and 354 of Indian Penal Code.
3. The brief facts of the case are that a lady by name Suvarnamma lodged a complaint on 21.10.2019 stating that since 2014 there is a civil dispute between the parties. The property situated at Laggere belonged to the complainant, which was given to her under a gift deed dated 13.05.2014. Since then, they have been in possession and residing in the said property. Petitioners and other accused persons on 21.10.2019 at about 11 am went to the house of the complainant along with 15-20 persons, trespassed into the said house and assaulted the complainant and others, threatened with dire consequences, snatched mobile phones, purses and some gold ornaments and took away cash of Rs.2.00 lakhs which was kept in the house and damaged the property with the help of JCB and caused loss to an extent of Rs.10.00 lakhs. On the above said allegations, police have been investigating the matter.
4. Learned counsel for the petitioners has drawn my attention to the fact that petitioners are also fighting for the said property legally and they claim that they are the owners in possession of the property by virtue of the sale deed dated 02.06.2014 and further, the said complainant and others claim that the said property belongs to them on the basis of the said gift deed. The parties filed civil suit in O.S.No.7958/2014 which came to be decreed in favour of the complainant and the suit which was filed by petitioner No.1 herein came to be dismissed. Further, it is submitted that against the dismissal of the suit, petitioner No.1 has preferred appeal in RFA 1962/2018 and the same is pending consideration before this Court. Looking to the above said facts and circumstances, it is seen that the petitioners were arrested by the police, interrogation has already been done and they were sent to judicial custody and in that connection, they are not required for any further investigation. Therefore, seeks for grant of bail.
5. In view of the civil dispute pending between the parties and also that as the offences are not punishable either with death or imprisonment for life and the petitioners were already arrested, in my opinion, particularly under Section 439 Cr.P.C., petitioners are entitled to be enlarged on bail on conditions. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.396/2019 of Nandini Layout Police Station for the alleged offences, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with Two sureties for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) All the petitioners except petitioner No.5 herein shall mark their 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 brn