Deepak Pednekar vs State of Karnataka

Jawad Rahim, J.—Petitioner is one of the accused facing charge for offences punishable under Sections 465, 468, 471 and 420 of the Indian Penal Code in Crime No. 75/2012. He seeks grant of direction to release him in the event of arrest. The prosecution case is, based on the complaint of Rajkishore that he owns house bearing in Survey No. 8 Hissa 1 of Baad Village measuring 23 guntas, which is in Karwar Town. It was owned by Deepak Pandurang Karoor and four others. Complainant came to Karwar along with his brother - Girish and on enquiry from Village Accountant learnt that the property is allegedly sold by the petitioner in favour of Shravan Umesh Shirodkar - accused No. 2 under fabricated deed dated 09.06.2012 executed before a Notary Public by name S.R. Muscari in Mumbai, who is arraigned as accused No. 3. Thus, the allegation is that the petitioner No. 9 with others to create false document to sell the property in question.

The case rests on the documentary evidence and as could be seen, the complainant asserting that he has one share along with others in the property in question. The contention of the petitioner is dispute of the need civil in nature and no case is made out for prosecution.

The petitioner was right in pointing out that petitioner''s role is not clearly spelled out and he has been brought as accomplice of the main accused.

Be that as it may. As could be seen, the petitioner may not have access to the evidence on which the prosecution wants to establish the charge. Besides chances of his absconding is also not noticed. As far as his interrogation is concerned, he could be bound over with appropriate conditions. Being of this view, petition is allowed, subject to following conditions:--

i) Petitioner is directed to appear before the Investigating Officer in-charge of the investigation in Crime No. 75/2012, within two weeks from now.

ii) On his appearance, he may be arrested, but shall be released if he executes a bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court or the Court of Session, as the case may be.

iii) He shall appear before the Investigating Officer and subject himself to interrogation as and when required.

iv) He shall not tamper the prosecution material or prevail upon witnesses by any means.