Karnataka High Court
M. Shivanna vs The State Of Karnataka on 21 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:33645
CRL.P No. 8042 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8042 OF 2024
BETWEEN:
1. M. SHIVANNA
AGED ABOUT 49 YEARS
S/O LATE MUDDAGAMASHETTY
2. SMT. RAJESHWARI
AGED ABOUT 35 YEARS
W/O SHIVANNA
3. Y.S. VARADARAJU
AGED ABOUT 23 YEARS,
S/O SHIVANNA.
PETITIONERS NO.1 TO 3 ARE
R/AT Y.K. MOLE VILLAGE,
Digitally AMBLE DHAKALE,
signed by
NANDINI MS YELANDURU TALUK,
Location: High
Court of CHAMARAJANAGAR DISTRICT 571 441
Karnataka
...PETITIONERS
(BY SRI. P. NATARAJU, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY YELANDURU POLICE STATION,
CHAMARAJANAGAR DISTRICT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
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NC: 2024:KHC:33645
CRL.P No. 8042 of 2024
HIGH COURT BUILDING,
BENGALURU 560 001
...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.140/2023 REGISTERED BY THE YELANDUR
POLICE STATION, CHAMARAJANAGAR DISTRICT, FOR THE
OFFENCE P/U/S 415, 416, 417, 418, 419, 420, 421, 422 AND
423 OF IPC, PENDING ON THE FILE OF THE LEARNED CIVIL
JUDGE AND JMFC COURT AT YELANDURU, BY ALLOWING THIS
PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 3 in Crime No.140/2023 registered by Yelandur Police Station, Chamarajanagar for the offence punishable under Section 415, 416, 417, 418, 419, 420, 421, 422 & 423, of IPC, are before this Court under Section 438 of Cr.P.C.
2. Heard the learned counsel for the parties. -3-
NC: 2024:KHC:33645 CRL.P No. 8042 of 2024
3. The de facto complainant Smt.Shamshiya Begum had filed P.C.R.No.70/2023 before the jurisdictional Court of Magistrate, which was referred to Police under Section 156(3) of Cr.P.C for the purpose of investigation.
4. FIR in crime No.140/2023 was thereafter registered by the Yelandur Police Station, Chamarajanagar, against the petitioners herein and another for the aforesaid offences. Apprehending arrest in the said case, the petitioners herein had filed Crl.Misc.No.233/2024 before the Jurisdictional Sessions Court and the same was rejected on 01.08.2024. Therefore, they are before this Court
5. Learned counsel for the petitioners submits that there is civil dispute between the parties relating to certain immovable property. Application filed by the plaintiff in said suit for temporary injunction was rejected and the said order has been confirmed in appeal. Only to harass the petitioners, a false complaint is registered against them. Accordingly, he prays to allow the petition. -4-
NC: 2024:KHC:33645 CRL.P No. 8042 of 2024
6. Per contra, learned HCGP has opposed the bail petition and submits that petitioners are not cooperating with the police for the purpose of the investigation. Accordingly, prays to dismiss the petition.
7. Material on record would go to show that prior to filing the private complaint, de facto complainant and her relatives had filed O.S.No.126/2024 before the jurisdictional Court and petitioner No.1 herein is defendant No.1 in the said suit. Application filed by the plaintiffs in the said suit for temporary injunction was rejected and the said order has been confirmed in M.A.No.5/2023 by the Court of Senior Civil Judge and CJM, Chamarajanagar. In the order passed in M.A.No.5/2023 it is observed that the properties mentioned in O.S.No.127/2022 and 128/2022 are totally different from the suit schedule property in O.S.No.126/2022. It is only after application for temporary injunction file by the plaintiffs was rejected, the de facto complainant had filed a private complaint against the petitioners. Petitioners are all agriculturists and they do -5- NC: 2024:KHC:33645 CRL.P No. 8042 of 2024 not have any criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:
ORDER The Criminal Petition is allowed. The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.140/2023 registered by Yelandur Police Station, Chamarajanagar for the offence punishable under Section 415, 416, 417, 418, 419, 420, 421, 422 & 423, of IPC, subject to the following conditions:
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) each with two -6- NC: 2024:KHC:33645 CRL.P No. 8042 of 2024 sureties for the likesum to the satisfaction of the Investigating Officer.
2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioners shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioners shall not involve in similar offences in future.
Sd/-
(S VISHWAJITH SHETTY) JUDGE ASN List No.: 1 Sl No.: 53