THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA Criminal Petition No.7657/2017 BETWEEN:
Sri. K. Muniraju, S/o. Late Krishnappa, Aged about 54 years, R/at Devasandra Village, K.R.Puram, Bengaluru – 560 036.
(By Sri.Manjunath K.V, Advocate) AND:
The State by B.M.T.F. Police Station, Bengaluru.
(By Sri. S. Vishwamurthy, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.17/2017 of Bangalore Metropolitan Task Force P.S., Bangalore for the offence p/u/s 120B, 409, 420, 468, 471 of IPC and Section 441 of KMC Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
Order Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent.
2. The petitioner apprehends arrest by the respondent police in their Crime No. 17/2017 registered in respect of the offences punishable under Section 441 of KMC Act and Sections 120(B), 409, 420, 468, 471 of IPC.
3. The allegation is that, civil suits are pending in respect of immovable properties in Sy.Nos.26/3 and 26/2 of Basavanapura village, K.R.Pura Hobli, Bengaluru East Taluk. By colluding with the officials of BBMP and TDR agents, the petitioner concocted the documents projecting himself as owner of the property. He has availed TDR/DRC during road widening project of the BBMP. The petitioner has produced copy of the registered sale deed to demonstrate that he is the lawful owner of the property.
4. Since the veracity of the documents etc. cannot be gone in the present proceeding and the nature of the allegation requires investigation from documentary material, there is no impediment to allow the petition.
Accordingly, the petition is allowed. The petitioner is granted anticipatory bail in respect of Crime No.17/2017 registered by the respondent-Police Station, on the following conditions:
(1) He shall appear before the Investigating Officer forthwith. In that event, the Investigating Officer is at liberty to interrogate him.
(2) In the event of his arrest by the respondent-Investigating Officer, he shall be released on bail by executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court.
(3) He shall co-operate with the Investigating Officer during the further course of investigation.
Sd/- Judge Mkm/-