Karnataka High Court
CRL.P/201623/2024 of SHASHIKUMAR Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC-K:10155 CRL.P No. 201623 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 201623 OF 2024 (438(Cr.PC)/482(BNSS)-) BETWEEN: SHASHIKUMAR S/O SHAMRAO POLICE
Digitally signed byRENUKALocation: HIGHCOURT OFKARNATAKA
NC: 2024:KHC-K:10155CRL.P No. 201623 of 2024
IN THE HIGH COURT OF KARNATAKA,KALABURAGI BENCH
DATED THIS THE 31[ST]DAY OF DECEMBER, 2024BEFORETHE HON'BLE MR. JUSTICE SHIVASHANKARAMARANNAV ARCRIMINAL PETITION NO. 201623 OF 2024,(438(Cr.PC)/482(BNSS))
BETWEEN:
SHASHIKUMAR S/O SHAMRAO POLICE PATIL, ADOPTED SON OF NAGAYYA JANGAMS/O GURAYYA,AGE: 50 YEARS, OCC: AGRICULTURE,R/O: CHOULI VILLAGE,TQ: AND DIST: BIDAR - 585401
PETITIONER|
(BY SRI. MAHADEV S. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA.THROUGH NEW TOWN POLICE STATION,BIDAR, TQ: AND DIST: BIDAR-585401,.(REPRESENTING BY LEARNED ADDL.STATE PUBLIC PROSECUTOR |HIGH COURT OF KARNATAKAAT KALABURAGI 585105)
RESPONDENT
(BY SRI. SHESHADRI JAISHANKAR, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438|OF CR.P.C (OLD), UNDER SECTION 482 OF BNSS-2023(NEW),.PRAYING TO ALLOW THE BAIL OF THE PETITIONER, BY.ISSUING DIRECTION TO THE RESPONDENT POLICE TO)RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS|ARREST IN CRIME NO.213/2024 OF REGISTERED BY NEW.TOWN POLICE STATION AT BIDAR, PENDING BEFORE II ADDL.SENIOR CIVIL JUDGE AND J.M.F.C. AT BIDAR FOR THE|OFFENCES PUNISHABLE UNDER SECTIONS 420, 468, 416, 44/7,504 AND 506 OF [PC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY,ORDER WAS MADE THEREIN AS UNDER:
CORAM:HON'BLE MR. JUSTICE SHIVASHANKAR|AMARANNAVAR
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ORAL ORDER
(PER: HON BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
This petition is filed by the sole accused under|Section 482 of BNSS-2023 seeking anticipatory bail inCrime No.213/2024 of New Town Police Station, Bidar,|registered for the offences punishable under Section 420, 468, 416, 447, 504 and 506 of IPC.
O02. The case of the prosecution is that the disputedplot bearing No.255 belongs to husband of first informant,|to which she succeeded on the deatn of ner nusband. The|husband of the first informant died on 28.04.2071. It is.alleged that the petitioner fabricated the sale deed statingthat the Nusband of the first informant has sold the said§plot to the petitioner on 29.06.2018 by executing aregistered sale deed bearing No.5800/2017-18. It is.alleged that on 01.04.2024, the petitioner nas trespassedinto the said plot, threatened the first informant andasserted his title deed. The first informant on coming toknow about the fabrication of the sale deed, filed acomplaint against the petitioner. Tne said complaint cameto be registered in Crime No.213/2024 of New Town PoliceStation, Bidar for the aforesaid offences. The petitionerapprehending his arrest had filed a petition before thelearned Sessions Court and the same came to be rejected.Therefore, the petitioner is before this Court seekinganticipatory bail.
O03. Heard the learned counsel for the petitioner andthe learned AGA for the respondent - State.
04. Learnedcounselfor.tnepetitionerWoOUICcontend that the sale deed under which the petitionerpurcnased a property is a genuine sale deed and it is.registered in the Sub-Registrar Office, at Bidar. He.submits that the offences alleged against the petitioner arenot punishable either with death or imprisonment for life.The case of the first informant is based on the documents.The petitioner ready to cooperate with the police in theinvestigation. On these grounds he prays for allowing thepetition.
05. Per contra, the learned AGA would contend that|the investigation is in progress. The presence of thepetitioner is required for his custodial interrogation. The.petitioner has created the sale deed. If the petitioner is.granted anticipatory bail, there are chances that he willtamper with the prosecution documents and hamper theinvestigation. On these grounds he prays for dismissal ofthe petition.
06. Having neard on both sides and perused the|FIR, complaint and other materials placed on record.
QO7. The allegation against the petitioner is that hehas fabricated the sale deed dated 29.06.2018. The said.sale deed dated 29.06.2018 is said to nave been executedby the nusband of the first informant in favour of thepetitioner. The petitioner claims that the sale deed is.genuine sale deed. It is a matter of investigation as towhether the said sale deed is genuine or fabricated. Thepetitioner has undertaken to cooperate with the police in.investigation. The offences alleged against the petitionerare not punishable either with death or imprisonment forlife. Moreso, the dispute between the petitioner and the.first informant is with regard to said sale deed, which ispending in two suits i.e., one filed by the petitioner in.O.S.No.87/2024 and another filed by the first informant in0O.S.No.190/2024.
08. Considering all these aspects, the petitioner has made out grounds for granting anticipatory bail withconditions. In the result, the following;
ORDER
The petition is allowed.
Tne petitioner is ordered to be released on bail in theevent of his arrest in Crime No.213/2024 of New Town.Police Station, Bidar, subject to the following conditions; imThe petitioner shall execute a personal bond for|
a sum of Rs.1,00,000/- with one surety for the|likesum to the satisfaction of the Investigating|Officer. —likesum to the satisfaction of the Investigating|Officer. —
Il.The petitioner snali voluntarily appear before the|Investigating Officer within 15 days from this|date and execute a bail Dond and furnish asSurety.Investigating Officer within 15 days from this|date and execute a bail Dond and furnish asSurety.
IIT.The petitioner shall cooperate with the police in|
investigation.
IV.The|petitionerShallNot|Camper|WwItntne prosecution evidence / witnesses either directly or indirectly; KJJList No.: 1 SI No.: 5CT-SW
Sd/-|(SHIVASHANKAR AMARANNAVAR)JUDGE|