Criminal PETITION No. 10950 of 2023 filed by Sri. Chowdiah for anticipatory bail in connection with crime noted 111
Petitioner released on anticipatory bail subject to bond of Rs. 50,000 with surety and conditions of cooperating with investigation and attending court.
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NC: 2023:KHC:40411 CRL.P No. 10950 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10950 OF 2023
BETWEEN:
SRI. CHOWDAIAH, AGED ABOUT 74 YEARS, S/O LATE NAGAIAH, THYMAGONDLU HOBLI, OBALAPURA VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA - 562 132.
…PETITIONER
(BY MRS. NIRMALA JAYARAM, ADVOCATE FOR SRI. MOHAN P.S, ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
STATE BY THYAMAGONDLU P.S., NELAMANGALA TALUK, BENGALURU, RURAL DISTRICT - 562 123, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA.
…RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ALLOW THE ABOVE PETITION AND RELEASE THE PETITIONER ON BAIL IN CONNECTION WITH CR.NO.111/2023 OF THYMAGONDLY POLICE STATION OF NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BANGALORE AND ON THE FILE OF CIVIL JUDGE AND JMFC NELAMANGALA COURT AS
NC: 2023:KHC:40411 CRL.P No. 10950 of 2023
SUBMITTED BY THE RESPONDENT POLICE, FOR THE OFFENCE P/U/S 420, 468, 471, 474 OF IPC, BY ALLOWING THIS CRIMINAL PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Accused No.1 in Crime No.111/2023, registered by Thyamongoldu Police Station, Bengaluru District, for the offences punishable under Sections 420, 468, 471, 474 of Indian Penal Code (for short hereinafter referred to as 'IPC'), is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
lodged by Smt. Narasamma wife of late Gangahanumaiah, the Station House Officer, Bengaluru had registered FIR in Cr.No.111/2023 against the petitioner and another for the aforesaid offences. Apprehending arrest in the said case, the petitioner had field Crl. Mis. No.2172/2023 before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District,
Bengaluru which was rejected on 18.10.2023. Therefore, the petitioner is before this Court.
5. Per contra, the learned HCGP has opposed the bail application and submitted that serious allegations are made against the petitioner and has prayed to dismiss the petition.
NC: 2023:KHC:40411 CRL.P No. 10950 of 2023
the revenue records of the land bearing Sy. No.47 of Obalapura Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Distirct. From the reading of the plaint averments in O.S.No.93/2022, it is seen that in respect of the very same land, the complainant had filed a suit against the petitioner in the year 2022 itself wherein she has sought for declaration of the title in respect of the subject land. Further, she has also executed a registered General Power of Attorney in respect of the very same land in favour of the petitioner herein. Therefore, a prima-facie doubt arises with regard to the genuineness of the allegations made in the complaint. Even otherwise, considering the fact that, the complainant has already filed a suit in the year 2022 itself, there is a delay in filing the complaint. Therefore, I am of the view that the petitioner has made out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER
The Criminal Petition is allowed .
The petitioner shall be released in the event of his arrest
in Crime No.111/2023 registered by Thymagondlu Police Station, Nelamangala Taluk, Bengaluru Rural District, for the
NC: 2023:KHC:40411 CRL.P No. 10950 of 2023
offence punishable under Sections 420, 468, 471, 474 of IPC, subject to the following conditions:
(2) He shall cooperate with the investigation and shall not tamper with the prosecution witnesses in any manner.
(3) He shall furnish his residential address/contact number and shall inform the Investigating Officer/Court regarding change in the address/contact number, if any.
(4) He shall be regular in attending the Court proceedings.
SD/JUDGE
JS
List No.: 1 Sl No.: 53 CT: BHK
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges of forgery and cheating under sections 420, 468, 471, and 474 of the IPC.
Whether the existence of a civil suit regarding the same property and the complainant's own filing of a forged document casts doubt on the credibility of allegations.
What conditions are necessary for the grant of anticipatory bail in the given circumstances.
2 provisions across 2 enactments
Sri. Chowdiah
State by Thyamagondlu P.S.
S Vishwasheth Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
