Karnataka High Court
Suresh R Agiwal vs State Of Karnataka on 4 August, 2023
-1-
NC: 2023:KHC-D:8342
CRL.P No. 101507 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101507 OF 2023
BETWEEN:
1. SURESH R. AGIWAL,
S/O. LATE RAMPRASAD AGIWAL,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: H. NO.54/96(5), WARD NO.2,
MARUTI COLONY, CAR STREET,
BRUCEPET, BALLARI.
2. SHYAMSUNDAR AGIWAL
S/O. LATE RAMPRASAD AGIWAL,
AGE: 53 YEARS, OCC: BUSINESS,
R/O: PLOT NO.25,
RAMESHWARI NAGAR,
HOSAPETE ROAD, NEAR ALLIPURA,
BALLARI.
CHANDRASHEKAR
LAXMAN 3. RAJESH R. AGIWAL
KATTIMANI
S/O. LATE RAMPRASAD AGIWAL,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: PLOT NO.22,
Digitally signed by RAMESHWARI NAGAR,
CHANDRASHEKAR
LAXMAN HOSAPETE ROAD, NEAR ALLIPURA,
KATTIMANI
Date: 2023.08.08
BALLARI.
10:37:04 -0700 ...PETITIONERS
(BY SRI. ANKIT RAMESH DESAI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BRUCEPET POLICE STATION,
BALLARI,
-2-
NC: 2023:KHC-D:8342
CRL.P No. 101507 of 2023
BY ITS POLICE INSPECTOR,
ALSO REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD -580011
...RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO GRANT BAIL TO PETITIONER IN EVENT
ARREST OF HIS PETITIONERS/ACCUSED NO.1, 3 AND 4 BY
POLICE IN CRIME NO.48/2023 OF BRUCEPET POLICE STATION
REGISTERED FOR OFFENCES SECTIONS 406, 420, 465, 468,
471, 34 OF IPC AND THEY BE ENLARGED ON BAIL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This petition under Section 438 Cr.P.C. is by accused Nos.1, 3 and 4 seeking anticipatory bail for the offences punishable under Sections 406, 420, 465, 468 and 471 read with Section 34 of IPC, contending that civil dispute is sought to be given the colour of criminality, since the rights of the parties are pending adjudication before the revision authority. In collision with accused No.2, who wants to act as approver, this complaint is filed. There is inordinate delay of nearly 20 years in filing the complaint. As alleged, the incident took place on -3- NC: 2023:KHC-D:8342 CRL.P No. 101507 of 2023 05.01.2004. Only to give mental harassment to the accused, complaint is filed. It is for the Civil Court to decide whether the properties are self-acquired or ancestral or joint family properties. The petitioners/accused Nos.1, 3 and 4 are ready to abide by any of the conditions that may be imposed and prays to allow the petition.
2. Learned HCGP submitted oral objections stating that on the basis of the complaint dated 04.04.2003, the respondent police have registered the case in Crime No.48/2003 for the offences punishable under Sections 406, 420, 465, 468 and 471 read with Section 34 of IPC. The allegations in the complaint makes it evident that all the accused persons including the petitioners have concocted the document styled as Memorandum Recording Family Settlement dated 05.01.2004 and the said document is concocted after the death of father of the complainant and khata of the properties standing in the name of father of the complainant were transferred in the -4- NC: 2023:KHC-D:8342 CRL.P No. 101507 of 2023 name of complainant, her mother and brother. It was challenged before the Deputy Director of Land Records (DDLR). After the dismissal of the said appeal, the accused have approached the Joint Director of Land Records and secured stay. Under the guise of the said document, all the accused persons including the petitioners/accused Nos.1, 3 and 4 are intending to defraud the complainant and her family members and the matter is in the initial stage of investigation. The presence of the petitioners/accused Nos.1, 3 and 4 is required for interrogation and prays to reject the petition.
3. Heard the arguments and perused the records.
4. From the material placed on record, it is evident that father of the complainant namely Mahesh Agiwal and accused are real brothers. After the death of Mahesh Agiwal on 03.02.2019, his wife and children including the complainant got mutated their names to the properties standing in his name. It was challenged by accused No.4- Rajesh Agiwal before the DDLR. During the said -5- NC: 2023:KHC-D:8342 CRL.P No. 101507 of 2023 proceedings, he produced the document styled as Memorandum Recording Family Settlement, said to have executed by the sons of Ramprasad Agiwal including the petitioners/accused Nos.1, 3 and 4 and the father of the complainant. As per this document, the executants have declared that the properties reflected therein are their joint family properties and Mahesh Agiwal, the father of the complainant was the karta and 'A' and 'C' schedule properties and were acquired in his name and in the name of accused No.2 Ramesh Agiwal. In the said appeal, accused No.4-Rajesh Agiwal challenged the transfer of khata in the name of wife and children of late Mahesh Agiwal. However, the DDLR dismissed the appeal. Accused No.4 Rajesh Agiwal has filed revision before the JDLR and secured stay.
5. After coming to know about the alleged Memorandum Recording Family Settlement dated 05.01.2004, complainant filed the instant complaint alleging that her father Mahesh Agiwal was doing business -6- NC: 2023:KHC-D:8342 CRL.P No. 101507 of 2023 independently and acquired several properties in his name and also in the name of the complainant. She has alleged that the Memorandum Recording Family Settlement dated 05.01.2004 is concocted document, forging signature of her father after his death. The said allegations are based on the fact that the said document also include those properties which are acquired subsequent to 05.01.2004 and some of the properties reflected therein does not belong to Mahesh Agiwal or the accused persons.
6. A copy of the said document dated 05.01.2004 is produced before this Court. According to the this document, the parties therein have declared that the properties reflected in the documents are joint family properties. Admittedly, it is a not a registered document.
7. The specific allegations against the accused are that this document is concocted and signature of the complainant's father Mahesh Agiwad are forged. It is contended by the complainant that the very fact that the alleged document includes those properties which are -7- NC: 2023:KHC-D:8342 CRL.P No. 101507 of 2023 acquired subsequent to the date of the said document and that they also include certain properties not belonging to either Mahesh Agiwal or the accused goes to show that it is a concocted document.
8. Even though as submitted by the learned counsel for the petitioners/accused Nos.1, 3 and 4 that investigating officer may get the document examined by the handwriting expert and ascertain whether Mahesh Agiwal, father of the complainant is a signatory to the document or not, is accepted as correct, in the event of report that it is a concocted document, it would be necessary for the investigating officer to ascertain the role of each of the accused for concocting the said document. Such report of the handwriting expert may be sufficient for deciding civil dispute between the parties. However, for investigation of involvement of the accused persons, their custodial interrogation is necessary.
9. For the above reasons, this Court is of the considered opinion that the petitioners/accused Nos.1, 3 -8- NC: 2023:KHC-D:8342 CRL.P No. 101507 of 2023 and 4 are not entitled for anticipatory bail. Accordingly, the following:
ORDER Criminal Petition is rejected.
Sd/-
JUDGE KGK List No.: 1 Sl No.: 45