Karnataka High Court
Shivanna vs State Of Karnataka on 2 August, 2024
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NC: 2024:KHC:30703
CRL.P No. 5779 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5779 OF 2024
BETWEEN:
1. SHIVANNA
S/O. VEERABHADRAPPA
AGED ABOUT 37 YEARS
R/AT NO.28 RING ROAD
1ST CROSS, KENGUNTE
OPPOSITE AMBEDKAR
COLLEGE, MALLATHAHALLI
BENGALURU - 560 056
2. VEERABHADRAPPA
S/O LATE VEERAPPA
Digitally signed AGED ABOUT 87 YEARS
by NANDINI B G R/AT NO.15, 10TH CROSS
Location: high NEAR ANJANEYA TEMPLE
court of
karnataka MALLATTHAHALLI
BENGALURU - 560 056.
...PETITIONERS
(BY SRI. NAGAIAH, ADVOCATE)
AND:
STATE OF KARNATAKA
BY JNANABHARATHI POLICE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560 001
...RESPONDENT
(BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
CR.PC PRAYING TO DIRECT THE RESPONDENT POLICE I.E.,
JNANABARATHI POLICE TO RELEASE THE PETITIONERS ON BAIL IN
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CRL.P No. 5779 of 2024
THE EVENT OF THEIR ARREST IN CR.NO.202/2024, FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 34, 120B, 406, 420, 465,
468, 471 OF IPC, PENDING ON THE FILE OF 4TH ADDL. CMM,
BENGALURU VIDE ANNEXURE-A.
THIS CRIMINAL PETITION, COMING ON FOR FURTHER
ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.2 is before this Court seeking
grant of anticipatory bail in Crime No.202 of 2024 of
Jnanabharathi Police Station, pending on the file of the learned
IV Additional Chief Metropolitan Magistrate, Bengaluru,
registered for the offences punishable under Sections 120-B,
406, 420, 465, 468 and 471 read with Section 34 of Indian
Penal Code (for short 'IPC'), on the basis of the first information
lodged by the informant G Venkatesh.
2. Heard Sri Nagaiah, learned counsel for the
petitioner and Smt N Anitha Girish, learned High Court
Government Pleader for the respondent-State. Perused the
materials on record.
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3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise
for my consideration is:
"Whether the petitioner is entitled
for grant of bail under Section 438 of
Cr.P.C.?"
My answer to the above point is in 'Affirmative' for the
following:
REASONS
4. The petitioner being accused No.2 is seeking grant
of anticipatory bail on the apprehension of being arrested. The
complainant has filed the first information against accused
Nos.1 to 3 making allegations for having committed the
offences as stated above. It is the contention of the
complainant that he had purchased the property from the
brother of accused No.1, which was later gifted by accused
No.2 in favour of accused No.1, who in turn, sold it to accused
No.3. But it is the contention of the petitioner that the
property in question is a family property and the suit for
partition was filed by accused No.2 in OS No.8223 of 2010 and
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the same came to be decreed as per judgment and decree
dated 01.10.2015. It was only thereafter, he had gifted the
property in favour of accused No.1 who in turn sold to accused
No.3. Considering the contention taken by the petitioner, I find
considerable force in the submission.
5. It is stated that petitioner - accused No.1 was
apprehended during the pendency of this petition and is already
enlarged on bail. Hence, the petition against petitioner -
accused No.1 was dismissed as not pressed vide order dated
25.07.2024. It is stated that even though the petitioner is
shown as a rowdysheeter for having 4 criminal cases, he is
already enlarged bail in all those cases. Moreover considering
the facts and circumstances of the case, I am of the opinion
that the petitioner may be granted anticipatory bail, subject to
conditions, which will take care of the interest of the
prosecution.
6. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
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The petitioner is ordered to be enlarged on bail in the
event of his arrest Crime No.202 of 2024 of Jnanabharathi
Police Station, pending on the file of the learned IV Additional
Chief Metropolitan Magistrate, Bengaluru.
The petitioner is directed to appear before the
Investigating Officer within 15 days from the date of receipt of
this order and on his appearance, the Investigating Officer shall
enlarge him on bail subject to the following conditions:-
a. The petitioner shall furnish the bond in a sum
of Rs.2,00,000/- (Rupees Two Lakhs only)
with two sureties for the likesum to the
satisfaction of the Investigating Officer;
b. The petitioner shall not commit similar
offences;
c. The petitioner shall appear before the
Investigating Officer or the court as and when
required; and
d. The petitioner shall not threaten or tamper
the prosecution witnesses.
On furnishing the sureties by the petitioner, the
Investigating Officer is at liberty to verify the correctness of the
address and authenticity of the documents furnished by him.
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On satisfaction of the said documents, he may proceed to
accept the sureties within a reasonable time.
Sd/-
(M G UMA)
JUDGE
*bgn/-
CT:VS
