IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE B A PATIL CRIMINAL PETITION NO.9179 OF 2018 Between:
1. Sri.B.G.Rangaswamy S/o Guddathimmaiah, Aged about 50 years, Prop: Work Shop, Behind Sriranga Dabha, Bandehalli, Kyathsandra Tumakuru City, R/o. Bandehalli, Near Mydala Village, Kasaba Hobli, Tumakuru Taluk – 572101.
2. Sri.Suresh S/o Narasimhaiah, Aged about 50 years, R/o. Fort Main Road, Near Hiremutt, Kunigal Town, Now Residing at:
Behind Sriranga Dabha, Mydala Village, Kyathsandra, Tumakuru City – 572101. Petitioners (By Sri H V Manjunatha, Advocate) And:
State of Karnataka Kyathsandra Police Station Tumkur District – 572101. Rept by SPP.
High Court of Karnataka Bengaluru. …Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.251/2014 (PCR No.465/2014) of Kyathasandra Police Station, Tumkur District for the offence punishable under Section 420 read with 34 of IPC.
This Criminal Petition is coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.251/2014 (PCR No.465/2014) of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 420 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 23.01.2014 the present petitioners along with accused No.1 sold site No.1-C measuring 30 x 40 feet to the complainant at the rate of Rs.1,100/- per sq. feet by receiving a sum of Rs.6,00,000/- knowing fully well that the said site belongs to one N.Srinivas, but they have manipulated the documents and in this regard, the case has been registered. As could be seen from the records thereafter, the matter was referred under Section 156(3) of Cr.P.C. Police after investigation filed a ‘B’ Report and the said ‘B’ Report has been protested by the complainant and now, the Court has taken the cognizance. Being apprehended, the petitioners/accused are before this Court.
4. It is the submission of the learned counsel for the petitioner that there was an agreement of sale and thereafter, sale transactions have taken place and the said dispute is of a civil nature and the same has been converted into a criminal case. He further submitted that the petitioners/accused have not committed any offence as alleged. When already ‘B’ Report has been filed, the Court below ought not to have taken cognizance. He further submitted that the said matter has not been considered by the trial Court. He further submitted that the alleged offence is not punishable with death or imprisonment for life. If bail is granted, they are ready to abide by any conditions imposed by this Court and also ready to offer surety. On these grounds, he prays to allow the petition and grant anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the Court below in the first instance, issued the summons. The petitioners/accused evaded the summons and as such, warrant has been issued. Police have submitted the ‘B’ Report that there is no apprehension of they being arrested, as such, present anticipatory bail petition is not maintainable. He further submitted that the petitioners/accused are absconding since registration of the case and were not available for interrogation or investigation. He further submitted that if the petitioners – accused are enlarged on bail, they may abscond and they may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for parties and perused the records.
7. It is an admitted fact that earlier the complaint was registered and the matter was referred under Section 156(3) of Cr.P.C and police filed the ‘B’ Report and the said ‘B’ Report has been contested by filing a protest petition and now, the Court after recording the evidence has registered the case and has also issued the summons and warrant that itself clearly goes to show that there is an apprehension of the arrest of the petitioners/accused. As such, the present petition is maintainable. Whether the petitioners/accused have cheated the complainant by manipulating the documents or not? is a matter that has to be considered and appreciated only at the time of trial. The alleged offence is not punishable with death or imprisonment of life. Under such circumstance, I am of the opinion that by imposing some stringent conditions, if the petitioners/accused are enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused Nos.2 and 3 are enlarged on anticipatory bail in Crime No.251/2014 (PCR No.465/2014) of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 420 read with Section 34 of IPC subject to the following conditions:
1. Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall surrender before the trial Court within 15 days from today.
3. They shall not tamper with the prosecution evidence or any documents whichever is required for the purpose of investigation.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall not indulge in similar type of criminal activities.
7. They shall attend the trial before the trial Court on all dates of hearing.
SD/- JUDGE NBM