Sri. K. B. Harisha vs The State Of Karnataka
2024 Latest Caselaw 25141 Kant

Karnataka High Court

Sri. K. B. Harisha vs The State Of Karnataka on 22 October, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                            NC: 2024:KHC:42351
                                                        CRL.A No. 1546 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1546 OF 2024
                      BETWEEN:

                            SRI. K. B. HARISHA
                            S/O LATE BASAVARAJAPPA
                            AGED ABOUT 38 YEARS
                            RESIDING AT KUDERU VILLAGE
                            SANTHEMARAHALLI HOBLI
                            CHAMARAJANAGARA TALUK & DISTRICT
                            PIN CODE: 571 313.
                                                                  ...APPELLANT
                      (BY SRI MARILINGE GOWDA, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
                            BY CHAMARAJANAGARA TOWN POLICE
                            REPRESENTED BY STATE PUBLIC PROSECUTOR
                            ADVOCATE GENERAL'S OFFICE
                            HIGH COURT BUILDINGS
Digitally signed by
                            VEEDHANA VEEDHI
LAKSHMINARAYANA             BENGALURU -1.
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA             2.    SRI B MALLIKARJUNA
                            S/O FATHER'S NAME NOT
                            KNOWN TO THE PETITIONER
                            AGED ABOUT 46 YEARS
                            THE DEPUTY DIRECTOR
                            DEPARTMENT OF SOCIAL WELFARE
                            CHAMARAJANAGARA TOWN AND DISTRICT
                            PIN CODE - 571 313.
                                                           ...RESPONDENTS

                      (BY SRI K NAGESHWARAPPA, HCGP)
                             -2-
                                         NC: 2024:KHC:42351
                                    CRL.A No. 1546 of 2024




     THIS CRL.A. IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE
HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
CHAMARAJANAGAR DATED 20.07.2024 IN SPL.C.No.138/2024
AND ALLOW THE ABOVE APPEAL AND ORDERED TO RELEASE
THE APPELLANT/ACCUSED No.1 (AS PER CHARGE SHEET) ON
BAIL IN SPL.C.No.138/2024 REGISTERED BY THE 1ST
RESPONDENT POLICE FOR THE ALLEGED OFFENCE P/U/S 420,
465, 468, 471, 120-B, 201 R/W SECTION 34 OF IPC AND
SEC.3(CI)(1)(f) OF SC/ST (POA) ACT 1989 AND ETC.,

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR


                    ORAL JUDGMENT

This appeal is filed by the accused No.1 (as per

charge sheet) praying to set aside the order dated

20.07.2024 passed in Spl.C.No.138/2024 by the Principal

District and Sessions Judge, Chamarajanagar, whereunder

bail application of this appellant -accused No.1 sought in

respect of crime No.27/2024 of Chamarajanagar Town

Police Station for offences punishable under Sections 420,

465, 468, 471, 120-B of Indian Penal Code (Hereinafter

referred as to "IPC" for brevity) and Section 3(1)(F) of the

Scheduled Castes and Schedule Tribes (Prevention of

NC: 2024:KHC:42351

Atrocities) Act, 1989 (Hereinafter referred as to "SC and

ST Act" for brevity) came to be rejected.

2. Heard learned counsel for the appellant -

accused No.1 and learned High Court Government Pleader

for respondent -State.

3. A complaint lodged by the Deputy Director,

District Social Welfare Department, Chamarajanagara.

F.I.R was registered against 12 named accused, the

President and the Secretaries of Adi Karnataka

Development Society. A preliminary charge sheet is filed

against accused Nos.1 to 4 for the offences under Sections

420, 465, 468, 471, 120(B), 201 r/w Section 34 of IPC

and Section 3(1)(F) of the SC and ST Act. Further

investigation is underway against 12 other suspects. As

per the charge sheet, the appellant has been arraigned as

accused No.1. The appellant - accused No.1 who has

been arrested on 15.04.2024 has filed bail application and

the same came to be rejected by the impugned order,

which is challenged in this appeal.

NC: 2024:KHC:42351

4. Learned counsel for the appellant -accused

No.1 would contend that as charge sheet is filed, this

appellant -accused No.1 is not required for custodial

interrogation. The accusation against this appellant -

accused No.1 is that he conspired with accused No.2

created GPA and executed sale deed based on GPA and

got money from purchasers. He further contended that

accused Nos.2 and 4 have been granted bail and

therefore, this appellant -accused No.1 is also entitled to

grant of bail on the ground of parity. As major portion of

investigation is over this appellant -accused No.1 is not

required for custodial interrogation. With this, he prays to

allow the appeal and grant bail to the appellant -accused

No.1.

5. Per contra, learned High Court Government

Pleader for respondent No.1-State would contend that only

preliminary charge sheet has been filed and as per that

this appellant -accused No.1 has conspired with accused

No.2 and created fake General Power of Attorney and sold

properties, impersonating the owners in whose names the

NC: 2024:KHC:42351

properties are standing, even though it is allotted to Adi

Karnataka Development Society. He further contends that

acts of this appellant -accused No.1 and other accused has

deprived the properties belonging to Adi Karnataka

Development Society. He contends that this appellant -

accused No.1 is required for further investigation. If he is

granted bail he will hamper the further investigation and

tamper the prosecution witnesses. With this, he prayed

for dismissal of the appeal.

6. Having heard learned counsel, this Court has

perused the impugned order and charge sheet materials.

7. As per charge sheet, the accusation against this

appellant -accused No.1 is that creating fake General

Power of Attorney in the name of original owners in

getting the benefit by collecting the sale consideration and

executing sale deeds. The other accusation against this

appellant -accused No.1 is that conspiring with accused

No.2 in creating the said documents. Accused No.2 has

been granted bail by this Court. The major portion of the

investigation is over and charge sheet has been filed. As

NC: 2024:KHC:42351

major portion of the investigation is over, this appellant -

accused No.1 is not required for custodial interrogation.

Entire case of the prosecution is based on the documents.

The appellant -accused No.1 is in judicial custody since

15.04.2024. Without considering all these aspects, learned

Special Judge erred in passing the impugned order which

requires interference by this Court. The appellant -

accused No.1 has made out grounds for setting aside the

impugned order and grant of bail.

8. In the result, the following

ORDER

The appeal is allowed.

The impugned order dated 20.07.2024 passed in

Spl.C.No.138/2024 by the Principal District and Sessions

Judge, Chamarajanagar is set aside. Consequently, the

appellant -accused No.1 is ordered to be released on bail

in crime No. 27/2024 of Chamarajanagara Police Station

subject to the following conditions:

          i.     The appellant - accused No.1 shall
                 execute a personal bond for a sum of

                                                 NC: 2024:KHC:42351

Rs.5,00,000/- (Rupees Five Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

         ii.    The appellant - accused No.1 shall not
                tamper    with    prosecution      witnesses,
                either directly or indirectly.

iii. The appellant - accused No.1 shall cooperate with the Investigating Officer in further investigation.

iv. The appellant - accused No.1 shall attend the Court on all dates of hearing unless exempted and cooperate in speedy disposal of the case.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP