Smt Saroja Bai Vs the State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE IJOOR POLICE THAT IN THE EVENT OF PETITIONERS BEING ARRESTED IN CR.NO.71/2024 FOR THE OFFENCE P/U/S 419, 420, 465, 468, 471 R/W 34 OF IPC NOW PENDING ON THE FILE OF LEARNED PRL.SENIOR CIVIL JUDGE AND C.J.M RAMANAGARA THEY MAY BE ENLARGED ON BAIL.

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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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Petitioners are seeking to enlarge them on anticipatory bail in a case registered against them in Crime No.71/2024 of Ijoor Police Station, Ramanagara, for offences punishable under sections 419, 420, 465, 468 and 471 read with Section 34 of IPC.

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Heard the learned counsel for petitioners and

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

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The Gist of the complaint lodged by one Gundanaik S/o Ramesh Naik is that land bearing Sy.No.49/1 measuring an extent of 1 acre 14 guntas situated in Devaradoddi village, Kurubarahalli belongs to his grandmother late Kamalabai and it is her ancestral property. Kamalabai has 4 children. Accused no.1 i.e., sarojabai is the wife of Chandra Naik, son of late Kamalabai. She has taken her share of 12 ¼ guntas of land and sold it to others. With regard to remaining extent of land measuring 38.04 guntas, claiming to be the owner of the said land, in collusion with Accused no.2 and 3, she

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created fake documents by forging the signature of Ramesh Naik and executed a relinquishment deed dated 23.03.2019. Thereafter, she created a sale deed dated 24.01.2022. When she was questioned, she received a sum of Rs.30,000/- from complainant's mother Laxmibai,

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and executed a sale deed dated 30.08.2023 in her name. Further, executed an agreement in favor of one Gopal Naik in respect of 12 ¼ guntas of land belonging to complainant's another uncle.

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The alleged transactions are said to have taken place on 23.12.2019 and 24.01.2022. The complaint is lodged on 10.09.2024. There appears to be a civil dispute between the parties, who are closely related to each other. The allegations have to be proved in due course. Petitioners have undertaken to cooperate with the investigation of the case. The offences alleged are not punishable with death or imprisonment for life. Their custodial interrogation may not be necessary in the facts and circumstances of the case. Apprehension of the State can be safeguarded by imposing suitable conditions. Accordingly, the following:

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ORDER

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i) The criminal petition is allowed .

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ii) The petitioners shall be released in the event of

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their arrest in Crime No.71/2024 of Ijoor Police Station, Ramanagara District subject to following conditions:

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a) Petitioners 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) each with two sureties for the likesum.

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b) They shall furnish proof of thier residential address and shall inform the Investigation Officer/Court, if there is any change in the address.

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c) They shall mark their attendance before the Jurisdictional Police Station on every Saturday between 11:00 a.m and 01:00 p.m till the conclusion of investigation.

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