IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7471/2019 BETWEEN SRI. DHANANJAYA S/O. LATE CHIKKANNA AGED 55 YEARS R/O. HAROKOPPA VILLAGE RIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT – 562 138 (BY SRI. K.N. DAYALU, ADVOCATE) AND STATE OF KARNATAKA BY ITS SUB – INSPECTOR AKKUR POLICE STATION CHANNAPATNA TALUK, RAMANAGAR DISTRICT - 562 138 REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA ... PETITIONER BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.141/2016 REGISTERED BY AKKUR POLICE STATION, RAMANAGARA, FOR THE OFFENCE P/U/Ss. 419, 420, 468, 471 AND 465 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is the sole accused in Crime No.141/2016 of Akkur Police Station, Ramanagara District, for the offences punishable under Sections 419, 420, 468, 471 & 465 of IPC, now pending before the Court of Addl. Civil Judge (Sr.Dn.) and CJM, Channapatna, Ramanagara District.
3. The brief facts of the case are that, the complainant by name Channappaji, son of Late Revanna, has lodged a complaint on 14.07.2016 stating that, he is the owner of the property bearing No.71, MR No.43/93-94 measuring East-West” 142 ft. and North- South: 53 ft., and he acquired the said property from his father and he has been in possession and enjoyment of the same from the year 1993-94. Further, the complainant has stated that, he is working as a Police Constable in Anekal Police Station and he is residing in Anekal with his family. About 4 to 5 months prior to lodging of the complaint, on enquiry, he came to know that a lady by name Sunitha has constructed a building in the above said property and she is residing there. When he enquired in the Panchayat Office, the concerned officials have not responded positively. Therefore, when he has taken the panchayat papers and verified the same, he came to know that the panchayat has permitted the said Sunitha to construct a house in his property by mentioning Katha No.428 which pertains to one Ammannamma w/o. Kempegowda and they have also got her granted the admissible subsidy amount paid by the State Government and also in the records of Harokoppa Gram Panchayath Office No.13/2016-17 dated 11.04.2016, the Panchayath officials have mentioned that the said property is belonged to said Sunitha.
4. On the above said allegations a complaint came to be filed against the petitioner before the respondent-police and the same has been registered in Crime No.141/2016, for the offences punishable under Sections 419, 420, 468, 471 and 465 of IPC 5. In the above facts and circumstances, the petitioner is entitled to be enlarged on bail, as the above said allegations appears to be civil in nature. If Katha has been made-out in accordance with the resolution passed by the panchayath, the same can be questioned in accordance with law before the competent authority. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following order:-
ORDER The petition is allowed. Consequently, the petitioner-Dhananjaya shall be released on bail in the event of his arrest in connection with Crime No. 141/2016 of Akkur Police Station, Ramanagara District, for the alleged offences, now pending on the Additional Civil Judge (Sr.Dn.) and CJM, Channapatna, Ramanagara District, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Ramanagara 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 petitioner shall mark his attendance once in a week ie, 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.
KGR* Sd/-
JUDGE