IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4621/2019 BETWEEN:
1. Sri.A.P.Varadarajalu, S/o A.Pappaiah Naidu, Aged about 71 years, R/a No.27, 2nd main Road, Nanjappa Reddy layout, Ramamurthynagar, Bengaluru-560 016.
2. Sri.N.Lokesh, Aged about 58 years, S/o late T.Nanjappa, R/a No.38, 1st Cross, 6th Main Road, Dayananda layout, Ramamurthynagar, Bengaluru-560 016.
3. Y.Sundaresh, S/o late Y.Yellappa, Aged abut 68 years, No.61, Sundar Jyothi, 2nd Main, 3rd Cross, S.P.Naidu layout, Ramamurthynagar, Bengaluru-560 016.
…Petitioners (By Sri.Sadashiva Reddy, Senior Advocate for Sri.Rahul S.Reddy, Advocate) AND:
State by Ramamurthynagar Police Station, Represented by S.P.P., High Court of Karnataka, Bangalore-560 001.
(By Sri.K.P.Yoganna, HCGP) …Respondent 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 Cr.No.218/2019 of Ramamurthy Nagar, P.S., Bengaluru City for the offence P/U/S 417, 420, 468, 471 and 506 of IPC.
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 petitioners and learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.
1 to 3 in Crime. No.218/2019 of Ramamurthy Nagar police station for the offences punishable under Sections 417, 420, 468, 471 and 506 of IPC.
3. Brief facts of the case are that a lady by name Nagamma K.R. lodged a complaint stating that, the petitioners as well as complainant, and her husband were well known to each other from several years and they were doing some money transactions. In this context, the complainant stated that she was in need of money, therefore, she has borrowed a loan of Rs.15,00,000/- from the petitioners for the purpose of her sister’s daughter’s marriage and at that time complainant has pledged her house original documents and has signed a blank papers and given to the petitioners. But the petitioners have misused the blank paper by forging the signature of the complainant and created a false GPA. It is also alleged in the complaint that she has executed a gift deed in favour of her sons in respect of site No.172, bearing khata No.227/3 situated at Kalkere Village, K.R.Puram Hobli, Bangalore. It is stated that petitioners have converted the blank Bond paper which was duly signed by the complainant as GPA and registered the property in their names.
4. Looking to the above said facts and circumstances of the case and on perusal of the record, it is admitted that there was some money transaction between the parties and execution of some documents, has to be ascertained as to whether Bond paper alleged to had executed by the complainant was blank or duly filled up and further whether it was a loan transaction or out right sale transaction between the parties, in my opinion whether really any documents have been concocted or not has to be thrashed out during the course of investigation. If by means of imposing stringent conditions that petitioners have to appear before Investigating Officer and for all practical purposes the Investigating Officer can take them to custody from morning to evening for the purpose of interrogation. Also by issuing direction to appear before Investigating officer fortnightly once for further investigation or enquiry, that would suffice to grant the bail as prayed for by the petitioners. Under these circumstances, I proceed to pass the following;
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No. 218/2019 of Ramamurthy Nagar Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within a week from the date of receipt of certified copy of this order and make themselves available as and when required to enable the Investigating Officer to interrogate them. Each of them shall execute 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 petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in fifteen days i.e., on any 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 SB