Karnataka High Court
Shashikumar vs The State Of Karnataka on 31 December, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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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 PATIL,
ADOPTED SON OF NAGAYYA JANGAM
S/O GURAYYA,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: CHOULI VILLAGE,
TQ: AND DIST: BIDAR - 585401
...PETITIONER
(BY SRI. MAHADEV S. PATIL, ADVOCATE)
AND:
Digitally signed by
RENUKA
THE STATE OF KARNATAKA
Location: HIGH
COURT OF THROUGH NEW TOWN POLICE STATION,
KARNATAKA BIDAR, TQ: AND DIST: BIDAR-585401,
(REPRESENTING BY LEARNED ADDL.
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT KALABURAGI 585105)
...RESPONDENT
(BY SRI. SHESHADRI JAISHANKAR, AGA)
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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, 447,
504 AND 506 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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 in
Crime 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.
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02. The case of the prosecution is that the disputed
plot bearing No.255 belongs to husband of first informant,
to which she succeeded on the death of her husband. The
husband of the first informant died on 28.04.2021. It is
alleged that the petitioner fabricated the sale deed stating
that the husband of the first informant has sold the said
plot to the petitioner on 29.06.2018 by executing a
registered sale deed bearing No.5800/2017-18. It is
alleged that on 01.04.2024, the petitioner has trespassed
into the said plot, threatened the first informant and
asserted his title deed. The first informant on coming to
know about the fabrication of the sale deed, filed a
complaint against the petitioner. The said complaint came
to be registered in Crime No.213/2024 of New Town Police
Station, Bidar for the aforesaid offences. The petitioner
apprehending his arrest had filed a petition before the
learned Sessions Court and the same came to be rejected.
Therefore, the petitioner is before this Court seeking
anticipatory bail.
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03. Heard the learned counsel for the petitioner and
the learned AGA for the respondent – State.
04. Learned counsel for the petitioner would
contend that the sale deed under which the petitioner
purchased 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 are
not 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 the
investigation. On these grounds he prays for allowing the
petition.
05. Per contra, the learned AGA would contend that
the investigation is in progress. The presence of the
petitioner 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 will
tamper with the prosecution documents and hamper the
investigation. On these grounds he prays for dismissal of
the petition.
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06. Having heard on both sides and perused the
FIR, complaint and other materials placed on record.
07. The allegation against the petitioner is that he
has fabricated the sale deed dated 29.06.2018. The said
sale deed dated 29.06.2018 is said to have been executed
by the husband of the first informant in favour of the
petitioner. The petitioner claims that the sale deed is
genuine sale deed. It is a matter of investigation as to
whether the said sale deed is genuine or fabricated. The
petitioner has undertaken to cooperate with the police in
investigation. The offences alleged against the petitioner
are not punishable either with death or imprisonment for
life. Moreso, the dispute between the petitioner and the
first informant is with regard to said sale deed, which is
pending in two suits i.e., one filed by the petitioner in
O.S.No.87/2024 and another filed by the first informant in
O.S.No.190/2024.
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08. Considering all these aspects, the petitioner has
made out grounds for granting anticipatory bail with
conditions. In the result, the following;
ORDER
The petition is allowed.
The petitioner is ordered to be released on bail in the
event of his arrest in Crime No.213/2024 of New Town
Police Station, Bidar, subject to the following conditions;
I. The 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.
II. The petitioner shall voluntarily appear before the
Investigating Officer within 15 days from this
date and execute a bail bond and furnish a
surety.
III. The petitioner shall cooperate with the police in
investigation.
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IV. The petitioner shall not tamper with the
prosecution evidence / witnesses either directly
or indirectly;
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KJJ
List No.: 1 Sl No.: 5
CT-SW