IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7641 OF 2019 BETWEEN:
1. SRI. SUDARSHAN D.G. S/O. SRI. GIRIYAPPA, AGED ABOUT 53 YEARS, R/AT NO.E273/48, 2ND ‘H’ MAIN, 11TH BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU – 560072.
2. SRI.CHANDRASHEKAR N.V. S/O. VEERANNA T.N.
AGED ABOUT 54 YEARS, R/A. NO.45/5, NEAR ST. JOHN SCHOOL, GIDADAKONENAHALLI, VISHWANEEDAM POST, BENGALURU – 560091.
3. SMT.RADHAMMA @ RADHA W/O. LATE N.CHIKKANNA AGED ABOUT 62 YEARS, R/A. NO.02, ABBUDYA, 8TH BLOCK, VISHVESHWARAIAH LAYOUT, GIDADAKONENAHALLI, VISHWANEEDAM POST, BENGALURU – 560091.
4. SMT.HEMALATHA W/O.CHANDRA SHEKAR N.V. AGED ABOUT 40 YEARS, R/A. NO.2, ABBUDYA, 8TH BLOCK, VISHVESHWARAIAH LAYOUT, GIDADAKONENAHALLI, VISHWANEEDAM POST, BENGALURU – 560091.
5. SMT.SUDHA .C. W/O. SRI. SUDARSHAN AGED ABOUT 36 YEARS, R/A.NO.E273/48, 2ND H MAIN, 11TH BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU – 560072.
(BY SRI. KASHINATH J.D., ADVOCATE) AND:
THE STATE OF KARNATAKA, BY ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
(BY SRI. ROHITH B.J., HCGP) ..PETITIONERS ..RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.207/2019 OF ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 415, 418, 419, 420, 465, 468, 471, 120-B, 447, 427, 504, 506, 34 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 the learned HCGP for the respondent - State. Perused the records.
2. The petitioners are arraigned as accused Nos.1 to 5 in Crime No.207/2019 of Annapoorneshwari Nagar Police Station, Bengaluru for the offence punishable under sections 415, 418, 419, 420, 465, 468, 471, 120-B, 447, 427, 504, 506, 34 of IPC, which is now pending on the file of V Addl. Chief Metropolitan Magistrate Court, Bengaluru.
3. The brief facts of the case are that, a person by name Sri.Ravi Shankar – GPA holder of one Smt.Saraswathamma has lodged a complaint stating that, Sy.No.47/1 of Gidadakonenahalli, Yeshwanthapura Hobli, Bengaluru North Taluk, originally belonged to one Sri.Nanjundaiah s/o. late Chikkanna and they have converted the said land by making sites. Out of the said sites, Sri.Channegowda, husband of Saraswathamma, purchased a site bearing No.56 measuring 60’ x 40’, through an unregistered GPA dated 25.11.1991 executed by Sri.Nanjundappa s/o.late Chikkanna and that the said Nanjundappa prior to the said GPA had executed the unregistered agreement of sale dated 21.03.1991 in favour of Sri.Channegowda agreeing to sell the said property and received the advance sale consideration amount. Thereafter, the sites formed in Sy.No.47/1 have been allotted to the share of his son Sri.Byrappa in the family partition and again on 9.01.2003, Sri.Channegowda purchased the said site by virtue of a registered sale deed. It is further stated that said site was renumbered by BDA as site No.1165. After the death of Sri.Channegowda, his wife Smt.Saraswathamma and daughter Smt.Lakshmi.B.C. succeeded to the said property. BDA has left out this property in the sketch from the acquisition. In the above said background, it is stated that the accused persons have clandestinely wanted to grab this property alleging that they have purchased the said property and stealthily trespassed into the said property on 19.08.2019 and abused the complainant and others and threatened with dire consequences of killing them etc. On the basis of the above said complaint, Police are investigating the matter.
4. Learned counsel also brought to the notice of this court that it is more like a civil dispute between the parties. The parties have already approached the Civil Court. Both the parties have filed suits. Smt.Saraswathamma has filed a suit in O.S.No.6935/2019 whereas petitioner No.1 has filed a suit in O.S.No.7366/2019. Though they are subsequent to the filing of complaint, nevertheless the parties are fighting for the said property before the Civil Court. Whether they are in possession of the property or not; whether there was any trespass into the property has to be sorted out during the course of full dressed trial. The entire case revolves around documentary evidence. Under the above stated facts and circumstances, in my opinion, when the parties are already before the Civil Court, petitioners are to be enlarged on bail, subject to certain conditions. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioners (A1 to A5) shall be released on bail in the event of their arrest in connection with Crime No.207/2019 of Annapoorneshwari Nagar Police Station, Bengaluru, for the alleged offences, pending on the file of the V Additional Chief Metropolitan Magistrate Court, Bengaluru, subject to the following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners (A1 to A5) shall not indulge in hampering the investigation or tampering with the prosecution witnesses.
iii) The petitioners (A1 to A5) 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 (A1 to A5) shall not leave the jurisdiction of Annapoorneshwari Nagar Police Station, Bengaluru, without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners *(A1 and A2) shall mark their attendance once in 15 days 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 Bss.
*Corrected Vide Court Order Dated 2.12.2019.