Allowed

Aslam Pasha v. State of Karnataka

Karnataka HC4 Oct 2023CRL.P/3017/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to Aslam Pasha, accused No.7, in an FIR involving offences of cheating, forgery, and criminal conspiracy. The court discharged him subject to conditions including furnishing a bond, cooperating with investigation, and not interfering with witnesses.

What did the court decide?

Petitioner granted anticipatory bail subject to execution of personal bond for Rs.1,00,000 with two sureties and appearing before the Investigating Officer within 15 days.

Aslam Pasha Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

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NC: 2023:KHC:35758 CRL.P No. 3017 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 3017 OF 2023

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BETWEEN:

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ASLAM PASHA S/O LATE DASTAGIR SAB AGED ABOUT 45 YEARS, R/O COCOON MARKET ROAD, KYALANUR VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563157

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…PETITIONER

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(BY SRI. THYAGARAJ M., ADVOCATE)

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AND

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Digitally signed by B A KRISHNA KUMAR Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPTD BY SUB INSPECTOR OF POLICE SRINIVASAPUR POLICE STATION, MULBAGAL SUB-DIVISION SRINIVASAPURA TALUK KOLAR DISTRICT - 563135 REPTD BY SPP HIGH COURT BUILDING BENGALURU - 560 001

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…RESPONDENT

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(BY SMT. N.ANITHA GIRISH, HCGP)

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THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.226/2021 REGISTERED BY SRINIVASAPURA POLICE STATION, KOLAR FOR THE OFFENCE P/U/S 419, 420,

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NC: 2023:KHC:35758 CRL.P No. 3017 of 2023

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446, 468, 471 R/W 34 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., SRINIVASAPURA.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused No.7 in Crime No.226/2021 registered by Srinivasapura Police Station, Kolar for offences punishable under Sections 419, 420, 468, 471 read with Section 34 of IPC arising out of P.C.R. No.153/2021 pending on the file of the Principal Civil Judge and J.M.F.C., Srinivaspur is before this Court under Section 438 Cr.P.C., seeking anticipatory bail.

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2. Heard the learned counsel for the parties.

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P.C.R. No.153/2021 was filed by the complainant

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Anwar Pasha before the Court of the Principal Civil Judge, J.M.F.C., Srinivaspur against seven persons and the petitioner

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is arrayed as accused No.7 in the complaint. The jurisdictional Magistrate had referred the said complaint to the Police under Section 156(3) Cr.P.C., and in turn, the station house officer of Srinivasapura Police Station, Kolar had registered FIR in Crime No.226/2021 for the aforesaid offences against the seven

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3 - NC: 2023:KHC:35758 CRL.P No. 3017 of 2023

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persons named in the complaint. Apprehending arrest in the said case, the petitioner along with the other six accused had filed Crl.Misc.No.294/2022 before the Court of II Additional District and Sessions Judge, Kolar, which was dismissed as against him on 20.04.2022. It is under these circumstances, petitioner is before this Court.

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Learned counsel appearing for the petitioner reiterated the grounds urged in the petition and submits that accused Nos.1 to 6 have been granted anticipatory bail in Crl.Misc.No.294/2022 disposed of on 20.04.2022. The petitioner is the driver of accused No.4 and as per his instructions, he had gone to the office of Sub-Registrar, Srinivasapura and executed a deed without knowing the contents of the same.

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Per contra, learned HCGP has opposed the application and submits that the petitioner is the person who has impersonated the complainant.

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A reading of the complaint averments would go to show that the complainant and accused Nos.1 to 6 are close relatives and there is a dispute between them with regard to

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NC: 2023:KHC:35758 CRL.P No. 3017 of 2023

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the land bearing Sy.Nos.4/1, 4/2 and 9/2 of Noolapura village Srinivasapura Taluk, Kolar District and the complainant has filed O.S.No.219/2021 before the Jurisdictional Civil Court in

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respect of the aforesaid items of land seeking the relief of declaration and partition. In the complaint, it is averred that the accused persons have created a sale deed in respect of the property, which was the subject matter of the suit and it is averred that the petitioner herein had impersonated the complainant and had executed a sale deed on 16.06.2021 in favour of accused No.6, who is the wife of accused No.4. In the complaint itself it is mentioned that the petitioner is the car driver of accused No.4. Sale deed dated 16.06.2021 is executed allegedly by the petitioner herein in favour of accused No.6, who is wife of accused No.4. Accused Nos.4 and 6, who are the beneficiaries of the sale deed dated 16.06.2021 have been granted anticipatory bail in Crl.Misc.No.294/2022. The petitioner, who has no criminal antecedents is admittedly working as a driver with accused No.4. Under the circumstances, I am of the opinion that the petitioner's prayer for anticipatory bail is required to be answered affirmatively. Accordingly the following:

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NC: 2023:KHC:35758 CRL.P No. 3017 of 2023

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ORDER

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The petition is allowed .

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner - accused No.7 in the event of his arrest in Crime No.226/2021 registered by Srinivasapura Police Station, Kolar for offences punishable under Sections 419, 420, 468, 471 read with Section 34 of IPC, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

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The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon till filing of final report.

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NC: 2023:KHC:35758 CRL.P No. 3017 of 2023

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The petitioner shall not involve in similar

offences in future.

Sd/JUDGE

List No.: 1 Sl No.: 50

Aslam Pasha v. State of Karnataka

Case brief

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Aslam Pasha v. State of Karnataka

Case brief

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