Allowed

Mrs Daicy D v. State of Karnataka

Karnataka HC13 Sept 2024CRL.A/1367/2024

Case brief

AI extract

What is this about?

Anticipatory bail appeal under Section 14A(2) of the SC/ST (POA) Act for two accused in a forged sale deed and impersonation case involving allotted hostel land. Court noted a similarly placed accused was already bailed, accepted cooperation undertaking, set aside the Sessions Judge's rejection order and released appellants on arrest with bond and conditions.

What did the court decide?

Appellants ordered to be released on arrest subject to bond Rs.1,00,000 with two sureties and conditions including cooperation with investigation and no tampering.

Mrs Daicy D Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:37936 CRL.A No. 1367 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1367 OF 2024

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BETWEEN:

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MRS DAICY. D. W/O NATARAJU. C. AGED ABOUT 38 YEARS, R/AT: DOOR NO.04, WARD NO.13, K.H.B. COLONY, CHAMARAJANAGAR TOWN 571313.

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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SRI SHIVARAJU S/O LATE MAHADEVASHETTY. AGED ABOUT 35 YEARS. R/AT NAGAVALLI VILLAGE, CHANDAKAVADI HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT 571342.

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…APPELLANTS

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(BY SRI. LENITA MATHIAS., ADVOCATE FOR SRI. P. PRITHVI KIRAN SETTY., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN POLICE STATION, CHAMARAJANAGAR-571313, REP. BY ITS SPP, HIGH COURT OF KARNATAKA, AT BANGALORE 560001.

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NC: 2024:KHC:37936 CRL.A No. 1367 of 2024

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MALLIKARAJUN B

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AGED ABOUT 46 YEARS, DEPUTY DIRECTOR, DISTRICT SOCIAL WELFARE DEPARTMENT, CHAMARAJANAGAR 560027.

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…RESPONDENTS

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(BY SRI. RANGASWAMY. R., HCGP)

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THIS CRL.A IS FILED U/S 14(A)(2)OF SC/ST (POA) ACT PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE APPELLANTS ON BAIL IN THE EVENT OF THEIR ARREST IN RELATION TO THE CASE IN CR.NO.27/2024 REGISTERED AT CHAMARAJANAGAR TOWN P.S., CHAMARAJANGAR FOR THE OFFENCE P/U/S 420, 465, 468, 471, 120(B) OF IPC AND SEC.3(1)(F) OF SC/ST (POA) ACT.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL JUDGMENT

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HCGP takes notice for respondent Nos.1

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and 2.

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Heard both sides and perused the material on

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record.

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Appellants are arraigned as accused Nos.9 and

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12 respectively in Crime No.27/2024 of Chamarajanagar

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3 - NC: 2024:KHC:37936 CRL.A No. 1367 of 2024

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town police station registered for offences punishable under Section 420, 465, 468 and 471 of IPC. During investigation Section 120(B) of IPC and Section 3(1)(f) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been invoked.

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The learned Sessions Judge by an order dated 19.06.2024, has rejected the petitions filed by the appellants under Section 438 of Cr.P.C., hence, this appeal.

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The complaint is lodged by one Sri. Mallikarjun. B., Deputy Director, District Social Welfare Department, Chamarajanagar.

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The gist of the complaint is that Survey No.295 measuring 1 acre 22 guntas situated at Chamarajanagar was allotted by the Government to Adi Karnataka Abhivrudhi Sangha and is in the name of A.K.General Hostel. The PWD has constructed a hostel in the said land in the year 1968. However, all the accused have colluded with each other and forged the documents and by impersonation created sale deeds and sold 8 guntas each of the property in Survey No.295/4C, D and F respectively.

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NC: 2024:KHC:37936 CRL.A No. 1367 of 2024

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The learned High Court Government Pleader

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has contended that preliminary charge sheet is filed against four accused and investigation is under way against other accused named in the FIR as well as some more accused involved in the offence. He contended that the appellants are required for custodial interrogation and therefore, not entitled for anticipatory bail.

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The contention of the learned counsel for the appellants is that the appellants are bonafide purchasers and therefore, at this stage no criminal intention can be imputed against them. It is also submitted that similarly placed other accused have been enlarged on bail by this Court.

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The appellants are alleged to have purchased the property from the accused, who have impersonated the original owner. they are said to be the bonafide purchasers. Similarly placed accused No.8 has been enlarged on bail in Crl.A.No.1387/2024. Appellants have

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NC: 2024:KHC:37936 CRL.A No. 1367 of 2024

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undertaken to co-operate with the investigation and abide

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by other conditions. Hence, the following:

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ORDER

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i) Appeal is allowed .

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ii) Order dated 19.06.2024 passed by the Court of

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Principal District and Sessions Judge, Chamarajanagar in so far as rejecting the application filed by these appellants/accused Nos.9 and 12, is hereby set aside.

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iii) Appellants / accused Nos.9 and 12 (as per FIR) are ordered to be released in the event of their arrest in crime No.27/2024 of Chamarajanagar town police station, subject to following conditions.

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a) They shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of this order and shall execute a bond in a sum of Rs.1,00,000/(Rupees One Lakh only) with two sureties for the likesum.

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