IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8250 OF 2019 BETWEEN:
MR. V HANUMANTHARAYAPPA, S/O A. VEERAIAH, AGED ABOUT 40 YEARS, RESIDING AT NO.76/25, MARIYAPPANAPALYA, BANGALORE SOUTH, BANGALORE-560056. ...PETITIONER (BY SRI NISHANTH A V, ADVOCATE) AND:
STATE OF KARNATAKA BY HALASURGATE POLICE, BENGALURU. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. …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.47/2019 OF HALSURGATE POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 419, 420, 468, 465, 471 R/W SECTION 34 OF IPC AND ETC., 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 petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.47/2019 of Halasurgate Police Station, Bengaluru City for the offence punishable under Sections 419, 420, 468, 465, 471 read with Section 34 of IPC.
3. The allegations are that the land bearing Sy.No.37 measuring 1 acre 25 guntas belonged to one Sri.Narasimhaiah S/o Kadaraiah i.e., accused No.2. The said land was acquired and compensation was deposited before the competent authority. There is a suit pending between the parties in O.S.No.699/2007 for partition and separate possession. It is alleged that this petitioner though has no relationship with the property, knowing fully well that the suit is pending between the parties, he secured the presence of Sri.Narasimhaiah S/o Kadaraiah and got created the documents in his favour and the said amount of Rs.87,00,000/- was released in favour of said Sri.Narasimhaiah on 25.10.2017. Therefore, the case has been registered against this petitioner and Sri.Narasimhaiah also.
4. Learned counsel for the petitioner has also brought to the notice of this Court that the suit pending between the parties was compromised between the parties and an amount of Rs.5,00,000/- has been paid by said Sri.Narasimhaiah in favour of the complainant and the matter was closed between them and thereafter the present complaint has been filed.
5. Looking to the above said circumstances, accused No.2 has actually received entire amount of Rs.87,00,000/-, however, it might be subject to the dispute between the respective parties who are entitled for said amount, there is no allegation that this petitioner has received any amount out of the same from Sri.Narasimhaiah. Therefore, under the above said circumstances, the real dispute between the parties and the role of this petitioner has to be investigated during the course of full dressed trial as the entire documents are with the said Sri.Narasimhaiah. The custodial investigation of this petitioner may not be necessary. The offences are not exclusively punishable either with death or imprisonment for life. Therefore, with stringent conditions, the petitioner may be enlarged on bail. 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.47/2019 of Halasurgate 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 the Investigating Officer without prior permission, till the final report 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 BSR