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2022 DIGILAW 1312 (KAR)

V. Srinivas v. State of Karnataka

2022-09-30

B.A.PATIL

body2022
JUDGMENT/ORDER B.A.PATIL, J. - This petition has been filed by the petitioner/accused No.4 under Sec. 438 of Cr.P.C., to enlarge them on anticipatory bail in Crime No.55/2020 of Thilak Park police station, (pending on the file of the III Additional Civil Judge (Jr Dvn) and JMFC Court, Tumakuru), for the offences punishable under Ss. 406, 420, 467, 468, 470 read with Sec. 34 of IPC. 2. I have heard the learned Senior counsel Sri.M.T.Nanaiah for petitioner/accused No.4 virtually and the learned HCGP Sri.M.Divakar Maddur, for the respondent-State. 3. The gist of the complaint is that petitioner/accused No.4 and other accused persons being the employees of Tumakuru Urban Development Authorities along with some gunda elements, sold certain properties belonging to Tumakuru Urban Development Authorities by cheating to the tune of Rs.89, 00, 000.00 by selling the said sites which have been already sold to some other persons. On the basis of the complaint, a case has been registered. 4. It is the submission of the learned Senior Counsel that the petitioner/accused No.4 is innocent and he is in no way concerned to the said crime, serious allegations have been made as against other accused persons. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by any of the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.4 on anticipatory bail. 5. Per contra, learned HCGP vehemently argued and submitted that petitioner/accused No.4 and other accused persons have cheated the complainant to the extent of Rs.89, 00, 000.00 by selling the sites of Tumakuru Urban Development Authorities. When the alleged offences are not punishable with death or imprisonment for life and even it is the specific contention of the learned Senior counsel that he has not received any amount and in that light, I am of the considered opinion that by imposing some stringent conditions, if petitioner/accused No.4 is ordered to be released on anticipatory bail, it is going to meet the ends of justice. In that light, the petition in allowed. 6. In that light, the petition in allowed. 6. Petitioner/Accused No.4 is ordered to be released on anticipatory bail in the event of their arrest in Crime No.55/2020 of Thilak Park police station, pending on the file of the III Additional Civil Judge (Jr Dvn) and JMFC Court, Tumakuru, for the offences punishable under Ss. 406, 420, 467, 468, 470 read with Sec. 34 of IPC, with following conditions: i) Petitioner/accused No.4 shall execute a personal bond for a sum of Rs.2, 00, 000.00(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 twenty days from today, failing which, this order automatically stands cancelled. iii) He shall not tamper with the prosecution evidence directly or indirectly. iv) He shall not leave the jurisdiction of the Court without prior permission. v) He shall mark his attendance once in fifteen days in between 10.00 a.m., to 5.00 p.m. before jurisdictional police till the charge sheet is filed.