IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7925/2019 BETWEEN SURESH S/O VITTALA AGED ABOUT 48 TEARS R/O HALE MUDIGERE VILLAGE SARVODAYANAGARA POST MUDIGERE TALUK CHIKKAMAGALURU DIST. – 577 101 ... PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND STATE OF KARNATAKA CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU REP. BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) 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.185/2018 REGISTERED BY CHIKKAMAGALURU TOWN POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/Ss. 465, 468, 471 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 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.1 in Crime No.185/2018 of Chikkamagalur Town Police Station for the offences punishable under Sections 465, 468, 471 and 420 of IPC, now pending before the Court of Principal Civil Judge (Sr.Dn.) and CJM, Chikkamagaluru.
3. The facts of the case as divulged from the FIR are that, one Smt. K.M. Shilpa Rajashekar, the President of Town Municipal Council, Chikkamagaluru, has lodged a complaint to the Superintendent of Police, Chikkamagaluru District stating that, a person by name Suresh @ Vithal has produced a property document containing Khatha No.06/Da.Gra.Sa.No:174/6; P.I.D.No.21-1-510-144 before the Civil Court, as if the same has been issued by the Town Municipal Council, Chikkamagaluru. On enquiry, the complainant found that the said document was not issued by the said Town Municipal Council. Therefore, she suspected some foul played by the City Municipal Office itself and lodged a complaint before the respondent-police to take appropriate action in accordance with law against the culprits, if any such document has been created by the officers/officials of the Town Municipal Council.
4. On perusal of the contents of the complaint it is noticed that, the President of the said Town Municipal Council has not made any specific allegations against each and every accused persons and only some omnibus statements have been made by her.
5. The Learned counsel for the petitioner has brought to the notice of this court that, other female accused by name Shyla and Radha, who said to have been arrested by the respondent-police were already released on bail by this Court in Criminal Petition No.1167/2019 vide order dated 29.07.2019.
6. It is alleged that the petitioner who is said to be the purchaser of the property under a registered document. Therefore, the petitioner apprehends his arrest at the hands of the respondent-Police for the alleged offences.
7. Under the above said circumstances, in my opinion, the alleged document has to be proved beyond reasonable doubt during the course of full- dressed trial. Therefore, the petitioner is entitled to be enlarged on Anticipatory Bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A1)-Suresh shall be released on bail, in the event of his arrest by the respondent-police on his voluntarily surrendering before the Investigating Officer within 10 days from the date of receipt of a copy of this order, subject to the following conditions:
(i) The Petitioner shall execute his personal bond for a sum of `50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the investigating officer;
(ii) The petitioner shall assist the Investigating Officer as and when required for the purpose of completing the investigation as expeditiously as possible;
(iii) The petitioner shall not leave the jurisdiction of Chikkamagaluru District without prior permission of the Investigating Officer during the pendency of the investigation and also during the pendency of the trial without the permission of the jurisdictional Magistrate for a period of six months or till filing of the charge sheet, whichever is earlier.
Sd/-
JUDGE KGR*