IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7490/2019 BETWEEN:
1. Vijayakumar H.N.
S/o Naganna H.K, Aged about 40 years, R/o. Hanyalu Village, Ramanathapura Hobli, Arkalagudu Taluk, Hassan District – 573102.
2. Swamygowda, S/o Ramegowda, Aged about 50 years, R/o. Mallinathapura Village, Ramanathapura Hobli, Arkalagudu Taluk, Hassan District – 573102.
3. Manjunatha R.M. S/o Mylarishetty, Aged about 45 years, R/o. Hanyalu Village, Ramanathapura Hobli, Arkalagudu Taluk, Hassan District – 573102.
(By Sri.Sanchan Jainandan, Advocate) …Petitioners AND:
The State of Karnataka By Konanur Police Station, Represented by the Special Public Prosecutor, High Court Building, Bengaluru – 50 001.
(By Sri.Honnappa, HCGP) …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Crime No.29/2019 of Konanur Police Station, Hassan for the offence punishable under Sections 193, 196, 207, 209, 465, 471, 417 and 420 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 petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The respondent/police has registered a case in Crime No.29/2019 of Konanur Police Station for the offence punishable under Sections 193, 196, 207, 209, 465, 471, 417 and 420 of Indian Penal Code.
3. The brief allegations are that the complainant by name Lakshmamma lodged a complaint stating that one Puttaiah and his brother were owners of the land bearing Sy. No.60/1 measuring 0.25 guntas. The said Puttaiah died in the year 2006. It is alleged that the accused persons have created an Agreement of Sale on 01.08.2016, which was unregistered. On the basis of the same, the accused persons have filed a suit in O.S.No.144/2009 and obtained a decree and also impersonated the signature of the said Puttaiah and others in the Agreement of Sale and also before the Court. On the basis of the above, the police are investigating the matter. The said FIR was registered on the basis of the private complaint in P.C.R No.287/2018, which was referred to the police for investigation and report.
4. The records also discloses that the decree in O.S.No.144/2009 was passed in the year 2010 itself.
Though it is an exparte decree, what was happened to the said decree subsequently is not made known.
5. Under the above said facts and circumstances, when a decree has already there in favour of the accused persons, all the allegations in connection with the Agreement of Sale, have to be established during the course of the investigation. When there is a decree in favour of the accused persons, in my opinion, they are entitled to be enlarged on bail as the complaint is lodged after long lapse of time i.e., after lapse of nearly eight years. Hence, the petitioners are entitled to be enlarged on bail. Hence, the following;
ORDER The petition is allowed.
Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.29/2019 of Konanur Police Station, Hassan for the offence punishable under Sections 193, 196, 207, 209, 465, 471, 417 and 420 of Indian Penal Code, 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 each of them shall execute personal bonds for a sum of Rs.50,000/- (Fifty Thousand Rupees Only) with one surety 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 final report is filed or for a period of three months whichever is earlier.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE NBM