IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO. 7687 OF 2019 BETWEEN:
Sri Ramesh M.G., S/o. Gangarangaiah, Aged about 42 years, R/a # 228, 1st Floor, 37th A Cross, 26th Main Jayanagar 9th Block, Bangalore South- 560 069 …PETITIONER (BY SRI MAHESH KIRAN SHETTY S., ADVOCATE) AND:
The State by Basaveshwara Nagar Police Station Bangalore Represented by Public Prosecutor, High Court Buildings, Bangalore-560 079 (BY SRI ROHITH B.J., HCGP) …RESPONDENT ******* 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. 324/2019 OF BASAVESHWARA NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/SS. 420, 465, 468, 471 R/W. 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.7 in Crime No.324/2019 of respondent police for the offence under Sections 420, 465, 468 and 471 read with Section 149 of IPC.
3. A person by name Satish lodged a complaint stating that his grand mother-Gowramma has purchased a site in public auction i.e. site No.506 situated at 3rd Stage, 3rd Block, Basaveshwara Nagar, Bengaluru City and the registration has been made in the name of said lady, but the said lady died on 13.10.2011 and when the mother of the complainant went for getting change of Khata, then only they came to know that some person by name Naveen Heggade has made an application for change of Khata into his name and on taking Encumbrance Certificate the complainant came to know that the Sale Deed dated 18.06.2018 was in favour of Naveen Heggade as if the said Sale Deed was executed by the Gowramma. On the basis of the above it is alleged that accused persons have concocted the said Sale Deed and thereafter on the basis of said Sale Deed Naveen Heggde alleged to have executed a Sale Agreement for which the petitioner is also one of the Attestors.
4. Looking to the above said facts and circumstances, the common intention and the conspiracy between all the persons have to be established during the course of full dressed investigation. Looking to the above said facts and circumstances, it is more like a civil dispute between the parties, hence, by means of imposing stringent conditions, the petitioner can be admitted to anticipatory bail as prayed for.
5. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.324/2019 of Basaveshwara Nagar Police Station, 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 shall execute personal bond for a sum of Rs.50,000/- 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 the Investigating Officer without prior permission, 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 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 Sbs*