Karnataka High Court
Sri Dilip Kudar C K vs State Of Karnataka on 7 August, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:31771
CRL.A No. 1290 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1290 OF 2024
BETWEEN:
1. SRI DILIP KUDAR C. K.
S/O. LATE KRISHNAMURTHY. C. S.
AGED ABOUT 43 YEARS,
R/AT NO.13/262,
OPPOSITE TO RAMA MANDIRA,
DR. B. R. AMBEDKAR EXTENSION,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGARA-571313.
2. SRI SRINIDHI KUDAR C. S.
S/O. LATE SIDDAIAH C. S.
AGED ABOUT 37 YEARS,
R/AT NO.13/167,
Digitally 3RD CROSS,
signed by DR. B. R. AMBEDKAR EXTENSION,
LAKSHMI T
CHAMARAJANAGAR TOWN,
Location:
High Court CHAMARAJANAGARA-571313
of Karnataka ...APPELLANTS
(BY SRI. NAGENDRA NAIK R.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
STATE BY CHAMARAJANAGAR TOWN P. S.
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
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CRL.A No. 1290 of 2024
2. DEPUTY DIRECTOR,
OFFICE OF SOCIAL WELFARE DEPARTMENT,
CHAMARAJANAGAR,
CHAMARAJANAGAR-571313.
...RESPONDENTS
(BY SRI. RANGASWAMY.R., HCGP)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO A. SET ASIDE THE ORDER PASSED BY
THE HONBEL PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
CHAMARAJANAGARA DATED 19.06.2024 IN
CRL.MISC.NO.106/2024 AS PER ANNEXURE C AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
JUDGMENT
Respondent Nos.1 and 2 are represented by the
learned High Court Government Pleader.
2. Heard both sides and perused the material on
record.
3. Order dated 19.06.20204 passed by the Court
of Principal District and Sessions Judge, Chamarajanagar
is assailed in this appeal by accused Nos.10 and 11,
petitioner Nos.1 and 2 in Crl.Misc.No.106/2024.
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4. The learned Sessions Judge has rejected the
prayer of these appellants seeking anticipatory bail in
Crime No.27/2024 registered at Chamarajanagar town
police station for the offences punishable under Section
420, 465, 468, 471 of IPC.
5. The complaint is lodged by one
Sri. Mallikarjun. B., Deputy Director, District Social Welfare
Department, Chamarajanagar, respondent No.2 herein.
6. It is alleged in the complaint that Survey
No.295 measuring 1 acre 22 guntas situated at
Chamarajanagar was allotted by the Government to Adi
Karnataka Abhivrudhi Sangha and is in the name of
A.K.General Hostel. The PWD has constructed a hostel in
the said land in the year 1968. However, all the accused
have colluded with each other and forged the documents
and by impersonation created sale deeds and sold 8
guntas each of the property in Survey No.295/4C, D and F
respectively.
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7. The appellants are said to have purchased an
extent of 8 guntas of land in Survey No.295/4C vide sale
deed dated 28.07.2023 from Mahesh Kumar and Shivaraj
shown as accused No.8 and 12 in the FIR.
8. Petitioners are arraigned as accused Nos.10 and
11 in FIR. The learned HCGP has contended that the
further investigation is pending and only the preliminary
charge sheet is filed and therefore, if the appellants are
enlarged on bail they may not cooperate with the
investigation, on the other hand they may try to tamper
with the evidence and thereby hamper the case of
prosecution. It is also contended that the learned
Sessions Judge having considered the facts and
circumstances of the case has rightly rejected appellant's
prayer for anticipatory bail.
9. The appellants claim to be innocent. It is
contended by the appellants counsel that Society land is
not a vacant land, but there is a hostel and super market
which is constructed therein. The boundaries of the
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property purchased by the appellants and the boundaries
of the land belonging to the Society are altogether
different. The land belonging to the Society is still in the
name of the Society. Appellants are the bonafide
purchasers and after the enquiry, in case it is found that
the land is proved to be the land of the Society, they are
ready to give up their claim. It is also contended that the
appellants are the subsequent purchasers, whereas two
prior sale deeds have taken place. The appellants have
appeared before the Tahsildar during enquiry and
cooperated in the enquiry.
10. A preliminary charge sheet has been filed in this
case against four accused. The further investigation under
Section 178 (3) is in progress.
11. The learned Sessions Judge while rejecting the
prayer seeking anticipatory bail has observed that there is
a prima facie case to show that all the accused together
committed the offence of creating GPA and selling the
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properties without transfer of consideration amount in the
name of the purchasers as shown in the sale deeds with
an intention to defraud and grab the property of Adi
Karnataka Abhivrudhi Sangha. However, the appellants
claim to be bonafide purchasers. Whether they had any
intention to commit cheating or knowledge of the fraud
committed by other accused persons and whether they too
have colluded with them is a matter which has to be
investigated. At this stage, it cannot be said that they too
have colluded with other persons who by impersonation
and by forging the documents transferred the land in
question.
12. Appellants have undertaken to cooperate with
the investigation of the case. Since the further
investigation is in progress, they have a reasonable
apprehension of their arrest, though they are not named
as accused in the preliminary charge sheet. Hence, by
imposing necessary conditions, relief sought can be
granted.
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13. In the above facts and circumstances, appeal
deserves to be allowed. Accordingly the following:
ORDER
Appeal is Allowed.
The order dated 19.06.2024 passed by the Court of
Principal District and Sessions Judge, Chamarajanagar in
so far as rejecting the application filed by the
appellants/accused Nos.10 and 11 seeking anticipatory
bail in Crl. Misc No.106/2024 is set aside.
Appellants/accused Nos.10 and 11 shall be released
in the event of their arrest in Crime No.27/2024 of
Chamarajanagar Town Police Station, subject to following
conditions:
i. They shall appear before the
Investigation Officer within a period of
one week from the date of receipt of a
copy of this order and shall execute a
bond in a sum of Rs.1,00,000/-
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(Rupees One Lakh only) with two
sureites for the likesum.
ii. They shall furnish proof of their
residential address and shall inform the
I.O/concerned Court if there is change
in the address.
iii. They shall be available for the
investigation whenever necessary and
cooperate for the investigation.
iv. They shall not tamper with the
prosecution witnesses in any manner.
v. They shall appear before the Court on
every date of hearing, without fail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
