IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7739/2019 BETWEEN:
SUNIL M.H.
S/O. LATE: HARIDAS NAIK AGED ABOUT 39 YEARS R/AT.NO.539 11TH BLOCK, 2ND ‘B’ MAIN NAGARABHAVI BENGALURU NORTH BENGALURU – 560072 PIN:560 079 (BY SRI KEMPE GOWDA C, ADV.,) AND:
... PETITIONER THE STATE OF KARNATAKA BY BASAVESHWARANAGAR POLICE STATION BENGALURU.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX 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.324/2019 REGISTERED BY BASAVESHWARA NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 420, 465, 468 AND 471 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. Petitioner is arraigned as accused No.3 in Cr.No.324/2019 for the offence punishable under Sections 420, 465, 468 & 471 r/w 149 of IPC.
3. The brief facts of the case are that a
Basaveshwaranagar (PID NO. 19-3-506 ward No.100), Bengaluru, was originally purchased by his grand mother by name Gowramma in an auction sale conducted by Bengaluru Development Authority (BDA). She died in the year 2011. It is stated that accused No.1/Naveen Hegde has purchased the said property on the premise that the said late Gowramma during her life time had executed the sale deed in his favour and thereafter, he inturn sold the said property in favour of some third party. Present petitioner is said to be the attesteor to the said document i.e., sale deed.
4. Looking to the above factual circumstances, the petitioner is neither the seller nor purchaser. Common intention of accused in cheating the complainant has to be thrashed out during the course of full fledged trial. The alleged records are available and it appears, the same have been seized by the police.
5. Under the above said facts and circumstances, petitioner is entitled to be enlarged on anticipatory bail on stringent conditions. 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, Bengaluru City for the alleged offences, 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 he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 Bengaluru District without prior permission of the Court, 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 HJ