Allowed

Girish. P v. State of Karnataka by Chamarajanagar Town Police Station

Karnataka HC14 Oct 2024CRL.A/1562/2024

Case brief

AI extract

What is this about?

Appeal under Section 14(A)(2) SC/ST Act against rejection of bail in a case of forged powers of attorney, impersonation and sale of properties allotted to Adi Karnataka Development Society. The High Court held that as the charge sheet was filed and the accused's alleged role was mere conspiracy without benefit, he was entitled to bail.

What did the court decide?

Impugned bail-rejection order set aside; appellant granted bail subject to personal bond of Rs.5,00,000 with one surety, non-tampering and co-operation with investigation.

Girish. P Vs State of Karnataka by Chamarajanagar Town… — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC:41411 CRL.A No. 1562 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH 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. 1562 OF 2024

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BETWEEN:

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GIRISH. P S/O PUTTASWAMY AGED ABOUT 36 YEARS R/AT DADADAHALLI VILLAGE CHAMARAJANAGARA TALUK CHAMARAJANAGARA - 571 311.

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…APPELLANT

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(BY SRI A S ANIL KUMAR, ADVOCATE)

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AND:

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN POLICE STATION CHAMARAJANAGARA PIN - 571 313. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001.

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MALLIKARJUN DEPUTY DIRECTOR AGED ABOUT 46 YEARS FATHER NAME NOT KNOWN SOCIAL WELFARE DEPARTMENT CHAMARAJNAGAR DISTRICT CHAMARAJANAGAR - 576 108.

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…RESPONDENTS

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(BY SRI K NAGESHWARAPPA, HCGP)

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NC: 2024:KHC:41411 CRL.A No. 1562 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 DATED 19.06.2024 IN CR.No.27/2024 OF THE RESPONDENT CHAMARAJANAGARA TOWN POLICE PENDING BEFORE THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR FOR THE OFFENCE P/SU/ 420, 465, 468, 471, 120-B, 201 R/W SECTION 34 OF IPC AND SECTION 3(1)(f) OF SC/ST (POA) AMENDMENT ACT 2015 AND ENLARGE THE APPELLANT ON BAIL WHICH IS PENDING BEFORE THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE CHAMARAJANAGARA.

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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 accused No.2 (as per the charge sheet) praying to set-aside the order dated 19.06.2024 passed in Crime No.27/2024 of Chamarajanagar Town Police Station registered for the offences punishable under Sections 420, 465, 468, 471, 120(B), 201 r/w Section 34 of the Indian Penal Code, 1860 (for short hereinafter referred to as ‘IPC’) and Section 3(i)(f) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as “the SC/ST Act”), whereunder,

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3 - NC: 2024:KHC:41411 CRL.A No. 1562 of 2024

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the bail application of this appellant – accused No.2 came to be rejected.

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Heard learned counsel for the appellant – accused

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No.2 and learned High Court Government Pleader for the respondent – State.

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A complaint is lodged by the Deputy Director, District

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Social Welfare Department, Chamarajanagar. 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(i)(f) of the SC/ST Act. Further investigation is underway against 12 other suspects.

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As per the charge sheet, the appellant has been arraigned as accused No.2. The appellant – accused No.2 who has been arrested on 24.04.2024 has filed bail application and the same came to be rejected by the impugned order.

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4 - NC: 2024:KHC:41411 CRL.A No. 1562 of 2024

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Learned counsel for the appellant – accused No.2 would contend that as the charge sheet is filed, the appellant – accused No.2 is not required for the custodial interrogation. The only allegation against this appellant – accused No.2 is that he has conspired with accused No.1 in creating General Power of Attorney, sale deeds, impersonating the original owners whose names are reflected in the property records and sold all those properties to the other accused. He submits that accused No.4 who is alleged to have been impersonated the owners, has been granted bail by this Court. He prays for grant of bail on the ground of parity. He submits that the specimen signature of this appellant – accused No.2 has been collected and it has been sent for examination and the report is awaited. He submits that as per the entire charge sheet, except the allegation of conspiracy, there is no allegation of any transfer of money or transfer of property to this appellant – accused No.2. With this, he prayed to allow the appeal and grant bail to the appellant – accused No.2.

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5 - NC: 2024:KHC:41411 CRL.A No. 1562 of 2024

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Per contra , learned High Court Government Pleader

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for the respondent – State would contend that only preliminary charge sheet has been filed and as per that, this appellant – accused No.2 has conspired with accused No.1 in creating fake General Power of Attorney, selling the properties, impersonating the owners in whose names the properties are standing, even though it is allotted to Adi Karnataka Development Society. He contends that the acts of this appellant – accused No.2 and the other accused has deprived the properties belonging to Adi Karnataka Development Society. He contends that this appellant – accused No.2 is required for further investigation as his exact role is to be ascertained and his specimen signature which is collected has been sent to F.S.L for examination and the report is awaited. If he is granted bail, he will hamper the further investigation and tamper the prosecution witnesses. With this, he prayed to dismiss the appeal.

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Having heard the learned counsels, this Court has

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perused the impugned order and the charge sheet records.

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As per the charge sheet, the accusation against accused No.1 is creating the General Power of Attorney in the name of the original owners in getting the benefit by collecting the sale consideration and executing the sale deed. The accusation against this appellant – accused No.2 is conspiracy with accused No.1. Except the accusation of conspiracy, nothing has been stated in the charge sheet with regard to what benefit the appellant – accused No.2 has got by the acts of accused No.1. This appellant – accused No.2 is in judicial custody since 24.04.2024 and as the charge sheet is already filed, he is not required for the custodial interrogation. Without considering all these aspects, the learned Sessions / Special Judge has passed the impugned order which requires for interference by this Court. The appellant – accused has made out grounds for grant of bail. In the result, the following;

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ORDER

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The appeal is allowed . The impugned order dated 19.06.2024 passed by the Principal District and Sessions /

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NC: 2024:KHC:41411 CRL.A No. 1562 of 2024

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Special Judge, Chamarajanagar in Crime No.27/2024 registered by Chamarajanagar Town Police Station is set-aside and the appellant – accused No.2 is granted bail in Crime No.27/2024 subject to the following conditions:

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(i) The appellant - accused No.2 shall execute a personal bond for a sum of Rs.5,00,000/(Rupees five Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

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