J. Gangadhri vs State of Karnataka

A.S. Pachhapure, J.—The Petitioner has sought for anticipatory bail, apprehending his arrest for the offences punishable under Sections 419, 420, 468 and 471 r/w. 34 IPC.

The Petitioner is accused No. 1 in Crime No. 629/2010 and it is alleged that he executed a fake sale deed in favour of accused No. 2 in the year 2010. He had purchased the property bearing Sy. No. 50/1B, measuring 4.5 guntas and 5 gunats from the erstwhile owner. Later it is revealed that the documents are forged. In these circumstances, accused No. 2 has filed a suit in O.S. No. 8572/2010 before the City Civil Court and obtained temporary injunction. After rejection of the bail application filed for the above said offences before the Fast Track Court, the Petitioner has approached this Court for anticipatory bail.

The matter is said to be still under investigation and the presence of the Petitioner is necessary as submitted by the learned High Court Government Pleader. Anyhow, the perusal of the fact reveals that the Petitioner has purchased the property referred to supra under a registered Sale Deed in the year 2007 and his name was appeared in the cultivators'' column in the record of'' rights for 3 years. He sold the property to accused No. 2. The question as to whether there is a forged document or otherwise, is a matter for consideration in the investigation. Anyhow, if the Petitioner is directed to appear before the Police Station concerned, the purpose of investigation will be fulfilled.

Taking into consideration the fact that a civil dispute is pending before the City Civil Court, I am of the opinion that it is a fit case wherein the Petitioner has reasonable apprehension of his arrest and he is entitled to the anticipatory bail as sought for.

In the circumstances, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest, on his executing a personal bond for a sum of Rs. 50,000-00 with one solvent surety for the likesum to the satisfaction of the arresting authority with further following conditions:

1) That the Petitioner shall be made available for interrogation by a police officer as and when he is required.

2) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

3) He shall attend the Court, as and when directed.

4) He shall appear before the concerned Police Station once in every 15 days on Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.