Allowed

Sri. K. B. Harisha v. the State of Karnataka

Karnataka HC22 Oct 2024CRL.A/1546/2024

Case brief

AI extract

What is this about?

Appeal under Section 14A(2) SC/ST Act against rejection of bail in a forgery and cheating case involving fake GPA sale deeds of Adi Karnataka Development Society property. Court held investigation largely complete and evidence documentary; bail granted on parity with co-accused.

What did the court decide?

Impugned order set aside; appellant released on bail in crime No.27/2024 on personal bond of Rs.5,00,000/- with one surety, subject to non-tampering, cooperation with investigation and court attendanc

Sri. K. B. Harisha Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC:42351 CRL.A No. 1546 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL No. 1546 OF 2024

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BETWEEN:

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SRI. K. B. HARISHA S/O LATE BASAVARAJAPPA AGED ABOUT 38 YEARS RESIDING AT KUDERU VILLAGE SANTHEMARAHALLI HOBLI CHAMARAJANAGARA TALUK & DISTRICT PIN CODE: 571 313.

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…APPELLANT

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(BY SRI MARILINGE GOWDA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY CHAMARAJANAGARA TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR ADVOCATE GENERAL’S OFFICE HIGH COURT BUILDINGS VEEDHANA VEEDHI BENGALURU -1.

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SRI B MALLIKARJUNA S/O FATHER’S NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 46 YEARS THE DEPUTY DIRECTOR DEPARTMENT OF SOCIAL WELFARE CHAMARAJANAGARA TOWN AND DISTRICT PIN CODE – 571 313.

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…RESPONDENTS

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(BY SRI K NAGESHWARAPPA, HCGP)

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2 - NC: 2024:KHC:42351 CRL.A No. 1546 of 2024

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THIS CRL.A. IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGAR DATED 20.07.2024 IN SPL.C.No.138/2024 AND ALLOW THE ABOVE APPEAL AND ORDERED TO RELEASE THE APPELLANT/ACCUSED No.1 (AS PER CHARGE SHEET) ON BAIL IN SPL.C.No.138/2024 REGISTERED BY THE 1^ST RESPONDENT POLICE FOR THE ALLEGED OFFENCE P/U/S 420, 465, 468, 471, 120-B, 201 R/W SECTION 34 OF IPC AND SEC.3(CI)(1)(f) OF SC/ST (POA) ACT 1989 AND ETC.,

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the accused No.1 (as per charge sheet) praying to set aside the order dated 20.07.2024 passed in Spl.C.No.138/2024 by the Principal District and Sessions Judge, Chamarajanagar, whereunder bail application of this appellant -accused No.1 sought in respect of crime No.27/2024 of Chamarajanagar Town Police Station for offences punishable under Sections 420, 465, 468, 471, 120-B of Indian Penal Code (Hereinafter referred as to “IPC” for brevity) and Section 3(1)(F) of the Scheduled Castes and Schedule Tribes (Prevention of

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NC: 2024:KHC:42351 CRL.A No. 1546 of 2024

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Atrocities) Act, 1989 (Hereinafter referred as to “SC and ST Act” for brevity) came to be rejected.

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Heard learned counsel for the appellant –

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accused No.1 and learned High Court Government Pleader for respondent -State.

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A complaint lodged by the Deputy Director, District Social Welfare Department, Chamarajanagara. F.I.R was registered against 12 named accused, the President and the Secretaries of Adi Karnataka Development Society. A preliminary charge sheet is filed against accused Nos.1 to 4 for the offences under Sections 420, 465, 468, 471, 120(B), 201 r/w Section 34 of IPC and Section 3(1)(F) of the SC and ST Act. Further investigation is underway against 12 other suspects. As per the charge sheet, the appellant has been arraigned as accused No.1. The appellant – accused No.1 who has been arrested on 15.04.2024 has filed bail application and the same came to be rejected by the impugned order, which is challenged in this appeal.

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4 - NC: 2024:KHC:42351 CRL.A No. 1546 of 2024

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Learned counsel for the appellant –accused No.1 would contend that as charge sheet is filed, this appellant -accused No.1 is not required for custodial interrogation. The accusation against this appellant - accused No.1 is that he conspired with accused No.2 created GPA and executed sale deed based on GPA and got money from purchasers. He further contended that accused Nos.2 and 4 have been granted bail and therefore, this appellant -accused No.1 is also entitled to grant of bail on the ground of parity. As major portion of investigation is over this appellant -accused No.1 is not required for custodial interrogation. With this, he prays to allow the appeal and grant bail to the appellant -accused No.1.

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Per contra, learned High Court Government Pleader for respondent No.1-State would contend that only preliminary charge sheet has been filed and as per that this appellant -accused No.1 has conspired with accused No.2 and created fake General Power of Attorney and sold properties, impersonating the owners in whose names the

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5 - NC: 2024:KHC:42351 CRL.A No. 1546 of 2024

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properties are standing, even though it is allotted to Adi Karnataka Development Society. He further contends that acts of this appellant -accused No.1 and other accused has deprived the properties belonging to Adi Karnataka Development Society. He contends that this appellant - accused No.1 is required for further investigation. If he is granted bail he will hamper the further investigation and tamper the prosecution witnesses. With this, he prayed for dismissal of the appeal.

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Having heard learned counsel, this Court has

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perused the impugned order and charge sheet materials.

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As per charge sheet, the accusation against this appellant -accused No.1 is that creating fake General Power of Attorney in the name of original owners in getting the benefit by collecting the sale consideration and executing sale deeds. The other accusation against this appellant -accused No.1 is that conspiring with accused No.2 in creating the said documents. Accused No.2 has been granted bail by this Court. The major portion of the investigation is over and charge sheet has been filed. As

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major portion of the investigation is over, this appellant - accused No.1 is not required for custodial interrogation. Entire case of the prosecution is based on the documents. The appellant -accused No.1 is in judicial custody since 15.04.2024. Without considering all these aspects, learned Special Judge erred in passing the impugned order which requires interference by this Court. The appellant – accused No.1 has made out grounds for setting aside the impugned order and grant of bail.

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In the result, the following

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ORDER

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The appeal is allowed.

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The impugned order dated 20.07.2024 passed in Spl.C.No.138/2024 by the Principal District and Sessions Judge, Chamarajanagar is set aside. Consequently, the appellant -accused No.1 is ordered to be released on bail in crime No. 27/2024 of Chamarajanagara Police Station subject to the following conditions:

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