Karnataka High Court
Shri Ramakrishnappa vs State Of Karnataka on 30 June, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:22575
CRL.P No. 4424 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 4424 OF 2023
BETWEEN:
SHRI. RAMAKRISHNAPPA,
S/O. ADINARAYANAPPA,
AGED ABOUT 63 YEARS,
R/O. MITTEMARI VILLAGE,
BAGEPALLI TALUK,
CHIKKABALLAPURA - 561 207.
...PETITIONER
(BY SRI. PAVAN KUMAR G., ADVOCATE)
Digitally signed
AND:
by GAYATHRI
PG STATE OF KARNATAKA,
Location: High
Court of BY BAGEPALLI P.S.,
Karnataka
REPRESENTED BY SPP,
HIGH COURT BUILDING,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. R.D.RENUKARADHYA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.213/2021 OF BAGEPALLI P.S.,
CHIKKABALLAPURA FOR THE OFFENCE P/U/S.406, 420, 34 R/W
SEC.120-B OF IPC PENDING ON FILE OF THE CIVIL JUDGE AND
JMFC BAGEPALLI IN C.C.NO.777/2022 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:22575
CRL.P No. 4424 of 2023
ORDER
This petition is filed under Section 438 of Cr.P.C., by accused No.2, apprehending his arrest in Crime No.213/2021, registered at Bagepalli Police Station, for offences punishable under Sections 120-B, 406, 420, 504, 506 read with 34 of IPC.
2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent- State and perused the material on record.
3. The aforementioned case is registered on the basis of a private complaint filed by one Manjunath H.M., which was referred to Police for investigation.
4. The gist of the complaint is that, complainant was intending to purchase a property around Bagepalli District. Petitioner namely accused No.2 met the complainant and introduced himself as a real estate broker and made him to believe that the property bearing Sy.No.239, old No.195 measuring 4 acres 36 guntas situated in Puttaparti village, Bagepalli Taluk, Kasaba -3- NC: 2023:KHC:22575 CRL.P No. 4424 of 2023 Hobli, Kolar District, has good marketable title. Both accused Nos.1 and 2 fraudulently, intentionally and dishonestly misrepresented to the complainant that accused No.1 is the actual owner of the property and further deceived that there is no encumbrance on the said property and induced the complainant to purchase the said property. Consequent to which sale deed was executed by accused No.1 in favour of complainant on 29.08.2018 and the sale deed was also registered in the Office of Sub- registrar, Bagepalli. But to the shock and surprise of the complainant, he came to know about the prior sale deed executed by accused No.1 on 27.02.2007 in favour one Chittibabu and on further enquiry, he came to know that the same property was also encumbered to Sri.Adinarayanappa and Sri.Nanjareddy in terms of the sale agreement dated 01.08.2012 and there was also pending suit with respect to the said property against Sri.Chittibabu.
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NC: 2023:KHC:22575 CRL.P No. 4424 of 2023
5. It is alleged that accused Nos.1 and 2 deceived the complainant and induced him to purchase the property with dishonest and fraudulent intention.
6. Accused No.1 is said to be the previous owner of the property. It is alleged that petitioner introduced himself as a real estate broker and both accused Nos.1 and 2 deceived the complainant. Question as to whether, the petitioner knew the previous transaction and approached the complainant with an intention to deceive him is a matter which has to be established in due course. Accused No.1 has been enlarged on anticipatory bail by the Sessions Court. Copy of the order passed in Crl.Misc.No.909/2021 dated 30.08.2021 has been enclosed by the learned counsel for the petitioner. The offence alleged is not punishable with death or imprisonment for life. Petitioner has undertaken to furnish adequate surety for his appearance before the trial Court and undertaken to co-operate with the further investigation of the case, if any.
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NC: 2023:KHC:22575 CRL.P No. 4424 of 2023
7. Considering the above facts and circumstances, relief sought by the petitioner can be granted by imposing necessary conditions. Hence, the following:
ORDER Petition is allowed.
Petitioner/accused No.2 in Crime No.213/2021 of Bagepalli Police Station, pending on the file of Court of Civil Judge and JMFC in C.C.No.777/2022, shall be released in the event of his arrest subject to following conditions:
a) Petitioner shall appear before the jurisdictional Court within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with a surety for the likesum to the satisfaction of the jurisdictional Magistrate.
b) Petitioner shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address.-6-
NC: 2023:KHC:22575 CRL.P No. 4424 of 2023
c) Petitioner shall appear before the Investigation Officer and co-operate with the further investigation of the case, if any.
d) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.
e) Petitioner shall regularly appear before the trial Court.
Sd/-
JUDGE GPG List No.: 1 Sl No.: 23 CT: THK