IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5644 OF 2019 C/W CRIMINAL PETITION NO.5720 OF 2019 IN CRL.P.NO.5644/2019 BETWEEN:
MR.SUBRAMANYA N.
S/O LATE P.NARAYANAPPA AGED ABOUT 49 YEARS R/AT NO.104, GULURAPPA MATTA BYPASS ROAD, VIJAYAPURA DEVANAHALLI BANGALORE – 562 135 …PETITIONER (BY SRI B.V.ACHARYA, SENIOR COUNSEL FOR SRI SUNIL KUMAR H., ADVOCATE) AND:
STATE OF KARNATAKA BY DODDABALLAPURA TOWN POLICE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) 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 CR.NO.76/2019 OF DODDABALLAPURA TOWN P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 420, 465, 471 AND 468 OF IPC.
IN CRL.P.NO.5720/2019 BETWEEN:
MRS.JAYALAKSHMI W/O SUBRAMANYA N. AGED ABOUT 45 YEARS R/AT NO.104, GULURAPPA MATTA BYPASS ROAD, VIJAYAPURA DEVANAHALLI BANGALORE – 562 135 …PETITIONER (BY SRI B.V.ACHARYA, SENIOR COUNSEL FOR SRI SUNIL KUMAR H., ADVOCATE) AND:
STATE OF KARNATAKA BY DODDABALLAPURA TOWN POLICE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.76/2019 OF DODDABALLAPURA TOWN POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 420, 465, 471, 468 OF IPC.
THESE CRIMINAL PETITIONS 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 in Criminal Petition Nos.5720/2019 and 5644/2019 are respectively arraigned as accused Nos.1 and 2 in Crime No.76/2019 registered by respondent/Police for the offences punishable under Sections 420, 465, 471 and 468 of IPC.
3. The brief facts that emanate from the records are that, one Mr.N.Nagaraju, son of late N.Narasimhaiah, who is no other than the brother of accused No.1- Jayalakshmi, appears to have lodged a complaint on 21.12.2018 before the Commissioner, City Municipal Council, Doddaballapura, making allegations that the petitioners have been running their Gas Agency since five years without there being any approved plan and further stated that they have concocted and created the seal and signatures of the competent authority on the said blue plan as well as other documents alleged to have been issued by the Municipality. In turn, the Commissioner, City Municipal Council, Doddaballapura lodged a complaint before the Police stating that the accused persons have committed serious offence by concocting and creating the documents for the purpose of running a Gas Agency.
4. It is an undisputed fact that accused No.1 has been running the Gas Agency since five years after obtaining permission from the competent authorities for a period of five years. It appears that there was no problem for the Municipality as well as the petitioners. In this background, learned Counsel brought to the notice of this Court that the Gas Agency was being run in the premises of Mr.Nagaraj i.e., brother of accused No.1 on the basis of lease agreement. He has also produced those lease agreements before the Court. It appears, the differences arose between the brother and sister, led the accused No.1 filing a suit against the said Nagaraj in O.S.No.232/2018 and vide order dated 01.06.2018, the Court has granted an order of injunction restraining the said Nagaraj from interfering with plaintiff’s possession and enjoyment of the suit schedule property including the Gas Agency, etc.
5. It appears, being aggrieved by the said orders, on the other way, complainant has taken steps to lodge a complaint before the Municipality as per the submission made by the learned Counsel. At this stage, the same cannot be easily brushed aside. However, on looking into the materials on record, when all the documents are available with the Municipality itself with reference to the alleged approved plan and other documents and as the accused persons are ready and willing to cooperate with the Investigating Officer for the purpose of investigation, interrogation, etc. I am of the opinion that with stringent conditions, the petitioners may be enlarged on bail. Hence, the following:
ORDER The petitions are allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.76/2019 of Doddaballapura Police Station, Bengaluru District, 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 shall execute personal bond for a sum of Rs.1,00,000/- with one surety each for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners 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 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 petitioners shall mark their attendance once in 15 days i.e., on any 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.
I.A.No1/2019 filed in both petitions are dismissed as the petitions are disposed of on merits.
Sd/- JUDGE KNM/-