Sri Mallikarjun K M Vs State of Karnataka

THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) BY PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS (ACCUSED NO. 1, 2 AND 3) IN CR.NO.120/2024 REGISTERED BY THE RESPONDENT POLICE, PENDING ON THE FILE OF CIVIL JUDGE (SR.DN) AND JMFC COURT, ARASIKERE, FOR THE OFFENCES P/U/S 419,420,465,34 OF IPC AND ENLARGE THE PETITIONERS/ACCUSED NO. 1 TO 3 ON BAIL IN THE EVENT OF HIS ARREST.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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The FIR in Crime No.120/2024 of Arasikere Town

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Police Station, Hassan, is registered against accused Nos.1 to 4 for offences punishable under Sections 419, 420, 465 r/w Section 34 of IPC.

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Heard the learned counsel for the petitioners,

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learned HCGP for the respondent-State and perused the material on record.

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Petitioners are arraigned as accused Nos.1 to 3

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in the FIR. They preferred a petition seeking anticipatory bail before the learned Sessions Judge, which came to be dismissed on 01.10.2024. Hence, they are before this Court in this petition preferred under Section 438 of Cr.P.C., seeking anticipatory bail.

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Complainant has averred that she is in possession and enjoyment of land bearing Survey No.49 measuring 4 acres and 5 guntas and Survey No.52 measuring 20 guntas, which was granted to her by the Government. One Marulasiddappa is the elder brother of her husband Ramegowda. His son by name K.M.Mallikarjuna is an Advocate by profession. They filed a suit in O.S.No.327/2020 against her before the Court of Civil Judge, Arasikere. They got the case advanced to 27.03.2021 from 09.04.2021, without getting the summons served on her. Marulasiddappa’s daughter by name Leelavathi @ Neelamma impersonated her before the Court. They filed a false compromise petition showing

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a sum of Rs.3,80,000/- in cash was received by her. After obtaining the collusive decree, K.M.Mallikarjuna and his father Marulasiddappa trespassed into the disputed land and gave life threat to her etc.,

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It is the further case of the complainant that she approached the Civil Court at Arasikere and came to know that one Sarvamangala, Advocate without mentioning her role number and by giving false identity, misrepresented Marulasiddappa before the Court and impersonated her. One K.M.Mallikarjuna, Advocate engaged his friend M.G.Mohan Kumar by falsely representing that the case pertains to their family and obtained the collusive decree by filing the fabricated compromise petition.

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It is also alleged that the complaint was given to the Bar Association, Arasikere and enquiry was conducted and prima facie, it was found that there was fraud committed on the first informant.

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7. The petitioners claims to be innocent. The

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alleged fraud according to the complainant took place between 09.04.2021 and 22.08.2022. The complaint is lodged on 05.09.2024. It is contended by the learned counsel that several civil cases are pending between the parties and the respondent Police, without conducting any preliminary investigation have proceeded to register the case.

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8. It appears that there is a civil dispute between

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the parties. The allegations have to be proved in due course. It is brought to the notice of the Court that the accused have approached this Court for quashing of the proceedings in Crl.P.No.139/2025 and

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Crl.P.No.10943/2024 and this Court has passed an order of stay of further proceedings.

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This Court while granting the stay order has observed that ‘the petitioner and respondent-complainant are in dispute in several civil suits, which are

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O.S.No.436/2024, 636/2024, 412/2022, 331/2022 and 339/2022. Finding no fruit of success in the civil suits, the complainant seeks to register the impugned complaint on the same set of facts’.

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In the above facts and circumstances, the relief

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sought for by the petitioners can be granted by imposing certain conditions. Hence, following

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ORDER

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Petition is allowed .

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Petitioners/accused Nos.1 to 3 in Crime No.120/2024

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registered by Arasikere Town Police Station, Hassan, shall be released on bail in the event of their arrest, subject to following conditions:

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a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with a surety for the likesum.

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b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number.

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