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Judgment
Shivashankar Amarannavar, J
This petition is filed by accused Nos.1 and 2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.121/2025 of Davanagere Extention Police Station registered for the offences punishable under Sections 318(4), 336(1)(2)(3), 338, 339, and 342 of BNS, 2023.
The learned counsel for petitioners has filed a memo for not pressing the petition by petitioner No.2 on the ground that petitioner No.2 has been arrested.
In view of the said memo, the petition by petitioner No.2 is dismissed as having become infructuous.
The learned counsel for petitioner No.1 would contend that, the petitioner No.1 is a tenant, and the complainant is a landlord, and there are disputes between them with regard to rent and other aspects. The petitioner No.1 had filed a complaint against the complainant registered in Crime No.134/2024. The complainant has filed a suit for eviction of the petitioner No.1 in OS No.13/2025, and it is pending. It is alleged that, the lease deed relied upon by petitioner No.1 basing and taking his defence is forged and fabricated, and the same is an issue to be considered in O.S. No.13/2025. The offences alleged against the petitioner No.1 are not punishable either with death or imprisonment for life. The petitioner No.1 is ready to cooperate with the Investigating Officer in the investigation, and abide by any conditions to be imposed by this Court. The petitioner No.1 is a married lady having two children and she is working as a teacher. With this, he prayed to allow the petition.
Per contra, the learned Additional State Public Prosecutor for the respondent/State, who is assisted by the complainant, would contend that, in the ejectment suit, the petitioner No.1 has taken up a defence that, the lease deed is executed for lease amount of Rs.10,00,000/-and it is alleged by this complainant that, it is a forged and fabricated document. The petitioner No.1 in her complaint registered in Crime No.134/2025, and in her statement recorded under Section 183 of BNSS in the said crime has stated that, she is a monthly tenant, and she had given advance of Rs.1,00,000/-. Considering the said aspect, the said defence taken by the petitioner No.1 in OS No.13/2025 basing on the said lease deed is forged and fabricated, the petitioner is required for custodial interrogation. With this, he prays to reject the petition.
Having heard the learned counsel, the Court has perused the materials placed on record.
The complainant has filed PCR No.306/2025 against the petitioner Nos.1, 2 and another. The said private complaint has been referred to police for investigation. The police registered the said complaint in Crime No.121/2025, wherein the petitioners No.1 and 2 are arrayed as accused Nos.1 and 2, and another has been arrayed as accused No.3. The said private complaint has been filed on the ground that, the petitioner No.1 in O.S. No.13/2025, an eviction suit filed by the complainant against petitioner No.1, has taken a defence that, he is in possession of the property as a lessee having paid a lease amount of Rs.10,00,000/-. The lease deed on which the petitioner No.1 has taken up his defence is alleged by the complainant to be forged and fabricated. With regard to the said aspect, the PCR has been filed by the complainant against the petitioners No.1 and 2 and another. It is submitted by the learned Additional State Public Prosecutor that, the petitioner No.1 in her complaint registered in Crime No.134/2024, and in her statement recorded therein under Section 183 of the BNSS, has stated that, she is a monthly tenant, and has paid an advance of Rs.1,00,000/-, and that itself clearly indicates that, the lease deed is forged and fabricated.
The offences alleged against the petitioner No.1 are not punishable either with death or imprisonment for life. The petitioner No.1 has undertaken to cooperate with the Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. The petitioner No.1 is a married woman having two children, and there are no criminal antecedents of the petitioner No.1.
Considering the above aspects, the petitioner No.1 has made out a case for grant of anticipatory bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner No.1 is ordered to be released on bail in the event of her arrest in Crime No.121/2025 of Davanagere Extention Police Station registered for the offences punishable under Sections 318(4), 336(1)(2)(3), 338, 339, and 342 of BNS, 2023 subject to following conditions.
a) The petitioner No.1 shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer.
b) The petitioner No.1 shall appear before the Investigating Officer whenever called for and cooperate for investigation.
c) The petitioner No.1 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 or tamper with the evidence.