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2020 DIGILAW 2111 (KAR)

Basavaprabhu Swamiji President, Shree Mahalakshmi Thigalara Maha Samsthana Trust (regd), Tumakuru City v. State Of Karnataka

2020-10-22

B.A.PATIL

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JUDGMENT B.A.Patil, J. - This petition has been filed by the petitioneraccused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.53/2020 of New Extension Police Station, Tumakuru city pending on the file of Addl. Civil Judge(Sr.Dn.) & CJM, Tumkur for the offences punishable under Sections 408, 420, 468, 470 of Indian Penal Code. 2. I have heard Sri.Thontadharya.R.K., learned counsel for Sri.Ajit.P.B, for the petitioner-accused No.1 virtually and Sri.R.D.Renukaradhya, learned High Court Government Pleader for the respondent-State. 3. The gist of the case of prosecution is that complainant filed a private complaint in PCR No.8/2020 alleging that petitioner-accused No.1 by colluding with the officials, has forged the RTC for the year 2017-2018 in respect of Sy.No.327/1A1A1/B to show the Sarapani Mutt as owner of entire extent of 25 guntas of land and has cheated the complainant. On the basis of the complaint a case has been registered. 4. It is the submission of the learned counsel for the petitioner that initially, Sarapani Mutt was gifted the land in Sy.No.86 (new Sy.No.327/1A1A1B) by its erstwhile owner by way of registered gift deed dated 19.11.1918. The said mutt is the owner of the entire extent of 25 guntas and even a conversion order has also been obtained by order dated 07.03.2011. The dispute is also pending between the mutt and the father of the complainant. The alleged offences are not punishable with death or imprisonment for life and no criminal antecedents are there against the petitioneraccused No.1. It is his further submission that the petitioner colluding with the revenue officials and forging the RTC will not arise at all since the same will be done during the course of official duties. He is ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail. 5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioner has fabricated and forged the RTC records and taken away the land belonging to the complainant. Accordingly, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for parties and perused the records. 7. 5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioner has fabricated and forged the RTC records and taken away the land belonging to the complainant. Accordingly, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for parties and perused the records. 7. It is the specific contention of the learned counsel for the petitioner that the said land has been given to the Mutt under a registered gift deed. However, it is a matter to be considered and appreciated during the course of trial. The alleged offences are not punishable with death or imprisonment for life. In the light of the discussions held, I am of the considered opinion that if by imposing some stringent conditions, the petitioner is ordered to be released on bail, it would meet the ends of justice. 8. Accordingly, petition is allowed. The petitioneraccused No.1 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.53/2020 of New Extension Police Station, Tumakuru city pending on the file of Addl. Civil Judge(Sr.Dn.) & CJM, Tumkur for the offences punishable under Sections 408, 420, 468, 470 of Indian Penal Code, subject to following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. He shall surrender before the Investigating Officer within 20 days from today, failing which, this order automatically stands cancelled. iii. He shall not tamper with the prosecution witnesses directly or indirectly. iv. He shall appear before the Investigating Officer as and when required and cooperate for investigation. v. He shall mark his attendance before the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed. vi. He shall not leave the jurisdiction of the Court without prior permission.