IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.2317/2019 CONNECTED WITH CRIMINAL PETITION NO.2349/2019 In Crl.P.No.2317/2019 BETWEEN VENKATARANGAIAH S/O LATE HANUMANTHAIAH AGED ABOUT 50 YEARS R/AT NO.238 MEDIAGRAHARA VILLAGE VIDYARANYAPURA POST BANGALROE-560 097 ... PETITIONER (BY SRI KUBERA KUMAR G., ADVOCATE) AND STATE OF KARNATAKA BY HALASURUGATE P.S. BENGALURU REPRESENTED BY SENIOR PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 ... RESPONDENT (BY SRI I.S. PRAMOD CHANDRA, SPP-II) THIS PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.281/2018 OF HALASURGATE POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.120B, 255, 260, 417, 420, 423, 426, 465, 467, 468, 471 R/W SEC.34 OF IPC.
In Crl.P.No.2349/2019 BETWEEN C. RAJANNA S/O LATE CHANNAPPA AGED ABOUT 59 YEARS R/AT NO 2128, PIPELINE ROAD, PRASHANTHNAGAR T. DASARAHALLI BENGALURU - 560057 (BY SRI SOMESH D. L., ADVOCATE) AND ... PETITIONER THE STATE OF KARNATAKA BY HALASURGATE POLICE STATION BENGALURU REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560001 ... RESPONDENT (BY SRI I.S. PRAMOD CHANDRA, SPP-II) THIS PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.281/2018 OF HALASURGATE POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S.423, 465, 420, 120-B, 467, 417, 471, 255, 426, 468, 260 R/W SEC.34 OF IPC.
THESE CRIMINAL PETITIONS COMING FOR ORDERS ON THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both these petitioners have filed these petitions under Section 439 of Cr.P.C., by petitioners-accused Nos.1 and 2 respectively for granting bail, for the offences punishable under Sections 120-B, 255, 260, 417, 420, 423, 426, 465, 467, 468, 471 read with Section 34 of IPC of Halasuru Gate Police Station, Bengaluru, in Cr.No.281/2018.
2. The case of the petitioners in the trial Court is that the complainant – Mary Gabriel filed a private complaint before the I Additional C.M.M., Bengaluru in PCR No.15689/2018 for the aforesaid offences and the said complaint referred to the police under Section 156(3) of Cr.P.C., and police have registered the case and filed chargesheet.
3. The allegation against the petitioner-accused No.1 in Crl.P.No.2317/2019 that this petitioner had executed an unregistered Agreement of Sale in favour of accused No.2 (i.e., petitioner in Crl.P.No.2349/2019) for sale consideration and subsequently accused No.2 had filed a civil suit against accused No.1 for specific performance of contract to execute the sale deed in his favour. The complainant is also defendant No.2 in the said suit who came on record as legal representative of her husband by claiming to be ownership over the said property. After lodging the complaint, petitioners have been arrested and they are in judicial custody.
4. Learned counsel for petitioners contended that they are innocents of the alleged offences and they did not know anything about the allegation of creating fake documents by using the seal and forged signature of Sub-Registrar. There is no specific allegation against them. Investigation of the case is pending and they are in judicial custody from 02.03.2019 till now. They are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to allow the petition.
5. Per contra, learned HCGP objected the petitions on the ground that petitioners are required for the purpose of investigation. Police have yet to receive the original bond paper from the Civil Court and yet to collect the expert opinion in that regard. Hence, he prays to dismiss the petition.
6. Heard the arguments of both sides and perused the records.
7. The allegation against the petitioners/ accused No.2 is that they have entered into an Agreement of Sale for the purchase of the property from accused No.1 for consideration. But the complainant had filed a case against the present petitioners alleging that petitioners have colluded with each other and created a fake stamp paper with the forged signature and the office seal of the Sub-Registrar, Pandavapura Town, Mandya District. However, almost more than two months have been completed by registering the case against the petitioners and investigation is also pending. Investigating Officer have not yet received the original bond paper from the Civil Court and not yet collected the expert opinion in order to show that whether petitioners have really forged the signature and seal of the Sub-Registrar. At this stage there is no strong material placed before the Court to show that the petitioners have committed the said offences and as well as civil dispute is pending between them in Civil Court. Even otherwise the alleged offences are not exclusively punishable with death or imprisonment for life. Petitioners are no more required for further investigation. Therefore, without expressing any opinion on merits, by imposing certain conditions, if bail is granted, no prejudice would be caused to the prosecution case. Thus, petitioners are entitled to the reliefs as prayed for. Hence, I pass the following:
ORDER The Criminal Petitions are allowed.
The petitioners-accused Nos.1 and 2 respectively are ordered to be released on bail, in Crime No.281/2018 of Halasuru Gate Police Station for the offences punishable under Sections 120-B, 255, 260, 417, 420, 423, 426, 465, 467, 468, 471 read with Section 34 of IPC, subject to the following conditions:-
(i) Petitioners-accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with a surety for the likesum to the satisfaction of the trial Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioners shall mark their attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every 2nd and 16th day of the calendar month for a period of six months or till filing of charge sheet whichever is earlier.
(vi) Petitioners are deemed to be in custody for the purpose of getting specimen signature by the Investigating Officer;
Sd/- JUDGE SN