IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 4644 OF 2018 BETWEEN:
Sri.Suresh Pothugunta, S/o P.Bhaskaraiah, Aged about 39 years, R/at Sevavanam, Jakkalamadugu Cross, Near Motlur Village, Balakuntahalli Post, Chickballapur Taluk, Bangalore Rural-561 211.
(By Sri.Panch Mukesh.B., Advocate) AND:
State by Chickaballapur Rural P.S., Rep. by Public Prosecutor, High Court of Karnataka, ...Petitioner Bengaluru-560 001. ...Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.44/2018 registered by Chikkaballapura Rural Police Station, Chikkaballapura for the offence p/u/s 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition is filed by the accused under Section 438 of Cr.P.C to release him on anticipatory bail in the event of his arrest in Crime No.44/2018 of registered by Chikkaballapura Rural Police station for the offences punishable under Section 420 of IPC.
2. I have heard the learned counsel for the petitioner and learned HCGP for the respondent-State.
3. The gist of the complaint is that complainant is the absolute owner of Survey.No.19 of Motalur Village measuring 3 acres, situated Motalur Village, Nandi Hobli, Chickballapur and was intending to sell the said land to prospective purchasers. Accused-petitioner approached the complainant through one Sri.Vasudevachar and after negotiation, the sale price was fixed for Rs.75,00,000/-
(Rupees Seventy Five Lakhs only) and the date of registration was fixed on 17.01.2018.
4. The complainant went along with original records of above said land with an intention of executing a registered sale deed in faovur of the petitioner-accused. Petitioner-accused showed the photocopy of the Demand Draft dated 16.01.2018 drawn on Indian Bank, for a sum of Rs.30,10,000/- is further represented to the complainant that balance amount kept in car and shall be paid immediately after registration of the sale deed. Based on the above representation of the petitioner, the complainant went ahead and executed the registered sale deed dated 17.01.2018 and after the registration, petitioner-accused did not come near car and has not paid the balance amount. After that petitioner-accused has absconded without paying demand draft or cash as promised by him. As such said complaint was registered against petitioner-accused.
5. It is the submission of the learned counsel for the petitioner that the actual sale price has been mentioned in Annexure-C-Sale Deed, in total, for the said land is Rs.30,10,000/-. But in the complaint it has been wrongly mentioned as Rs.75,00,000/-. He further submitted that there is twenty days delay in filing the complaint. He further submitted that the complainant himself has fabricated and created the documents and as such the original owner has filed the complaint against the present complainant as per Annexure-F. He further submits that the petitioner-accused has not tampered any documents and has not cheated the complainant. He further submits that the complainant is not the owner of the property and he has forged General Power of Attorney and has sold the property in favour of the petitioner. And as such, though it is civil dispute and a false complaint has been registered by the complainant. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. On this ground, he prays to allow the petition and release the petitioner on bail.
6. Per contra, learned HCGP vehemently argues and submits that the petitioner-accused by fabricating the documents has cheated the complainant without paying amount including demand draft amount. He further submits that the accused-petitioner is nowhere concerned to said property as he has the faked the general power of attorney. He further submits that if petitioner accused released on bail, he may abscond. Hence, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition by the learned counsel appearing for both the parties.
8. On close reading of the contents of the complaint it is clear that complainant and the petitioner had entered into agreement of sale, after negotiating a sale price for a sum of Rs.75,00,000/- and he went to the Sub-Registrar office, Chikkaballapur on 17.01.2018 and it is the petitioner-accused by showing the demand draft and saying that remaining amount is in car, executed the sale deed and did not pay the demand draft or cash as promised. As such cheating was committed by the accused-petitioner. The said contention has to be considered and appreciated at the time of trial. The alleged offence is not punishable with death or imprisonment for life. It appears that the said transaction are civil in nature and in that light, I feel by imposing stringent conditions, accused-petitioner shall be released on bail then it is going to meet ends of justice.
9. Under such circumstance, I feel that by imposing some stringent conditions, if the accused petitioner is ordered to be released on bail, it is going to meet the ends of justice.
10. In that light petition is allowed and the petitioners/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.44/2018 of Chikkaballapura Rural Police Station, Chikkaballapura for the offences punishable under Section 420 of IPC subject to the following conditions:
1. Petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Five Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. Petitioner shall surrender before the Investigation Agency within 15 days from today.
3. Petitioner shall not tamper with the prosecution evidence directly or indirectly.
4. Petitioner shall co-operate with the investigation.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the chargesheet is filed.
Sd/- JUDGE SB