Karnataka High Court
Syed Kareemuddin Quadri vs State Of Karnataka on 16 August, 2023
Bench: Venkatesh Naik Vntj
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CRL.P No. 201135 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.201135 OF 2023
BETWEEN:
MR. SYED KAREEMUDDIN QUADRI
S/O. LATE SYED VALI PEER QUADRI
AGED ABOUT 65 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF HOUSE NO.12-12-261
HAJI COLONY, ARAB MOHALLA
RAICHUR-584 101.
...PETITIONER
(BY SRI ABDUL MUQHTADIR & NAVEEN SALIMATH, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH SADAR BAZAR POLICE STATION
RAICHUR-584 101
REPRESENTED BY ADDITIONAL STATE PUBLIC
Digitally signed PROSECUTOR
by SHILPA R HIGH COURT OF KARNATAKA
TENIHALLI
KALABURAGI.
Location:
HIGH COURT ...RESPONDENT
OF
KARNATAKA (BY SMT. ANITA M. REDDY, H.C.G.P.)
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF ARREST IN CRIME NO.24/2023 OF SADAR BAZAR POLICE
STATION, RAICHUR, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 468, 471, 473, 420 AND 511 READ WITH SECTION 34 OF
IPC, PENDING BEFORE PRINICIPAL MUNSIFF (JR. DN.) AND J.M.F.C.
COURT, RAICHUR.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 201135 of 2023
ORDER
This petition is filed by the accused under Section
438 of the Code of Criminal Procedure, 1973, for grant of
anticipatory bail in Crime No.24 of 2023 of Sadar Bazar
Police Station, Raichur, registered for the offences
punishable under Sections 468, 471, 473, 420 and 511
read with Section 34 of the Indian Penal Code, 1860,
pending on the file of the Principal Munsiff (Jr. Dn.) and
Judicial Magistrate First Class Court, Raichur.
2. Heard the arguments of the learned counsel for
the petitioner and the learned High Court Government
Pleader for the respondent-State.
3. The case of the prosecution is that, on
12-2-2023, the complainant by name K. Vishwanath Rao
lodged a complaint alleging that he is the owner in
possession of land bearing Sy. Nos.46, 87, 213 and 214.
In the year 1998, the petitioner had filed a civil suit
against the complainant and his two brothers in respect of
land bearing Sy Nos.46 in Original Suit No.38 of 1998
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CRL.P No. 201135 of 2023
before the Civil Judge and the same came to be dismissed
on 23-10-2008. Being aggrieved by the said order, the
petitioner preferred M.F.A. No.30292 of 2009 and the
same also came to be dismissed for non-prosecution.
Later, one Dhananjaya filed another civil suit in Original
Suit No.275 of 2013 on the file of the Additional Civil
Judge and Judicial Magistrate First Class-III at Raichur
seeking permanent injunction in respect of land bearing
Sy. No.46 alleging that the petitioner has created the
mutations, false khata extract and executed the registered
sale deed in respect of plot No.03 MPI No.12-11-63/3(0)
12-11-107(N) measuring 50'x50' in favour of one Abdul
Razak Khazi. Further, the petitioner has sold Plot Nos.40
and 2 in favour of other person by manipulating municipal
record. Thus, the respondent-Police registered the case for
the aforesaid offences. Apprehending the arrest at the
hands of the respondent-Police, the petitioner has filed
this petition for grant of anticipatory bail.
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CRL.P No. 201135 of 2023
4. Learned counsel for the petitioner has contended
that he has been falsely implicated in the case as there is
civil dispute between the petitioner and the complainant.
He has further contended that the petitioner is a law
abiding citizen and is ready to abide by any of the
conditions to be imposed by this Court. Hence, he prayed
for granting bail.
5. Learned High Court Government Pleader has filed
the statement of objections and contended that there is
prima-facie case made out against the petitioner and the
petitioner involved in cognizable offence. There is
sufficient material collected to show the involvement of the
petitioner in the alleged crime and therefore, he is not
entitled for anticipatory bail. Hence, he is prayed to reject
the petition.
6. Perusal of the material available on record, it
appears that there is civil litigation between the petitioner
and the complainant. On perusal of the judgment and
decree passed by the Additional Civil Judge and Judicial
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CRL.P No. 201135 of 2023
Magistrate First Class-III at Raichur in Original Suit No.275
of 2013, it appears that the complainant is claiming his
title through one Dhananjaya and the suit by Dhananjaya
is dismissed by the civil Court. As per the case of the
prosecution, the petitioner has created the mutations,
false khata extract and executed the registered sale deeds
by manipulating municipal record. At this juncture, it
appears that there are various civil suits pending between
the petitioner and the complainant. The alleged offences
are not either punishable with death, or imprisonment for
life. The petitioner is stated to be permanent resident of
the address shown in the cause-title of the petition papers.
Further, it is well established principles of law that, while
considering the bail application, the Court has to consider
the nature of offence, circumstances in which the offence
is committed, position and the status of the accused,
likelihood of accused fleeing away from justice, tampering
of witnesses, character and antecedent of the accused.
In the case on hand, there is no prima-facie material to
believe that the petitioner is guilty of the alleged offences.
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CRL.P No. 201135 of 2023
Considering the nature of offences, particularly, the
allegation leveled against the petitioner is of civil in nature
and the complainant is claiming his title through
Dhananjaya and the suit filed by Dhananjaya was
dismissed by the civil Court. Hence, I am of the opinion
that the petitioner is entitled for grant of anticipatory bail.
Accordingly, I pass the following:
ORDER
Criminal petition is allowed. The respondent-Sadar
Bazar Police Station, Raichur, are directed to release the
petitioner on bail in the event of his arrest in Crime No.24
of 2023 registered for the offences punishable under
Sections 468, 471, 473, 420 and 511 read with Section 34
of the Indian Penal Code, 1860, pending on the file of the
Principal Munsiff (Jr. Dn.) and Judicial Magistrate First
Class Court, Raichur, subject to the following conditions:
i. Petitioner shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees one lakh only)
with a surety for the likesum to the
satisfaction of the Investigating
Officer/Station House Officer;
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CRL.P No. 201135 of 2023
ii. Petitioner shall surrender himself before the
Investigating Officer within ten days from
the date of receipt of a certified copy of this
order;
iii. Petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
iv. Petitioner shall appear before the
Investigating Officer as and when called for,
for the purpose of investigation, and
v. Petitioner shall mark his attendance before
the Investigating Officer/Station House
Officer on first Sunday of every month
between 10:00 a.m. and 5:00 p.m. for a
period of six months or till filing of the
charge-sheet, whichever is earlier.
Sd/-
JUDGE
KVK
