Karnataka High Court
Aravinda M A vs State Of Karnataka on 8 March, 2021
Equivalent citations: AIRONLINE 2021 KAR 388
Author: K.Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.1049 OF 2021
CONNECTED WITH
CRIMINAL PETITION No.1194 OF 2021
CRIMINAL PETITION No.1218 OF 2021
CRIMINAL PETITION No.1806 OF 2021
CRL.P.No.1049 OF 2021
BETWEEN:
1. Aravinda M.A
S/o Annaji Gowda
Aged about 38 years
Director
Bharath Electronics Employees Cooperative
House Building Society (BEECHBS)
Jalahalli, Bangalore - 560063.
2. Kumara Selvan P
S/o Pooswamy
Aged about 52 years
Director
Bharath Electronics Employees Cooperative
House Building Society (BEECHBS)
Jalahalli, Bangalore - 560063.
3. Gopinath B.S
S/o Sundera Murthy A.M
Aged about 51 years
2
Bharath Electronics Employees Cooperative
House Building Society (BEECHBS)
Jalahalli, Bangalore - 560063.
4. Sanjeev Kumar V. Raibhagi
S/o Venkusa G Raibhagi
Aged about 51 years
Director
Bharath Electronics Employees Cooperative
House Building Society (BEECHBS)
Jalahalli, Bangalore - 560063.
5. Amrithraj K.M
S/o Late Muniswamy
Aged about 54 years
Director
Bharath Electronics Employees Cooperative
House Building Society (BEECHBS)
Jalahalli, Bangalore - 560063.
6. B. Byregowda
S/o Late B Papanna
Aged about 72 years
R/at Bhairav Nilaya
No.31, 3rd Main Road
Chamundeshwari Layout
Doddabommanasandra
Bengaluru - 560 097.
7. Smt. Anitha R. Alva
W/o Sri. D. Ravindra Alva
Aged about 62 years
R/at No.350, 13th Cross, 3rd Block
BEL Layout, Vidyaranyapura
Bengaluru - 560 097.
...Petitioners
(By Sri. Jayakumar S. Patil, Sr. Counsel for
Sri. Devi Prasad Shetty - Advocate)
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AND:
State of Karnataka
By Tavarekere Police Station
Tavarekere, Ramanagar
Represented by its
Public Prosecutor
High Court of Karnataka
Bengaluru - 560 001.
...Respondent
(By Sri. Nageshwarappa - HCGP)
This Criminal petition is filed under Section 438 of
Cr.P.C. praying to release the petitioners in the event of
their arrest in Cr.No.428/2020 pending before the 2nd Addl.
Civil Judge(Jr. Dvn.,) and JMFC at Magadi for the offences
punishable under Sections 465, 468, 467, 471 r/w 34 of IPC
and before the Respondent - Police (Tavarekere Police
Station) on the basis of the complaint.
CRL.P.No.1194 OF 2021
BETWEEN:
1. Geetha Y.R
W/o Lokesh V.R
Aged about 40 years
2. Yellappa Dyamannavar
S/o Devendrappa
Aged about 38 years
3. Raghu M.N
S/o Narayanappa
Aged about 40 years
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All are r/at Bharath Electgronics Ltd.,
Jalahalli, Bengaluru - 560 013.
...Petitioners
(By Sri. Venkata Reddy S.K. - Advocate)
AND:
State of Karnataka
By Tavarekere Police
Ramanagara District
Represented by SPP
High Court of Karnataka
Bengaluru - 560 001.
...Respondent
(By Sri. Nageshwarappa - HCGP)
This Criminal petition is filed under Section 438 of
Cr.P.C. praying to release the petitioners in the event of
their arrest in Cr.No.428/2020 for the offences punishable
under Sections 465, 468, 467, 471 r/w 34 of IPC on the file
of the Respondent - Police / Tavarekere Police, Ramanagara
District which is now registered as C.C.No.53/2021 for the
offences punishable under Sections 120B, 255, 420, 464,
465, 467, 468, 471 of IPC, pending on the file of the
2nd Addl. Civil Judge(Jr. Dvn.,) and JMFC at Magadi,
Ramanagara District.
CRL.P.No.1218 OF 2021
BETWEEN:
1. B Ramesh
S/o Birlingaiah
Aged about 45 years
Proprietor of
Sri Byraweshwara Enterprises
R/o Sri Harsha Nagara
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Sydhamipalya
Bengaluru - 562123.
2. Nagendra C
S/o B.V. Chandrashekar
Aged about 44 years
R/at No.12/1, 5th C Cross
Saradamba Nagar
Jalahalli, Bengaluru-560013.
...Petitioners
(By Sri. Venkata Reddy S.K. - Advocate)
AND:
State of Karnataka
By Tavarekere Police
Ramanagara District
Represented by SPP
High Court of Karnataka
Bengaluru - 560 001.
...Respondent
(By Sri. Nageshwarappa - HCGP)
This Criminal petition is filed under Section 438 of
Cr.P.C. praying to release the petitioners in the event of
their arrest in Cr.No.428/2020 for the offences punishable
under Sections 465, 468, 467, 471 r/w 34 of IPC, on the file
of the Respondent - Police / Tavarekere Police, Ramanagara
District which is now registered as C.C.No.53/2021 for the
offences punishable under Sections 120B, 255, 420, 464,
465, 467, 468, 471 of IPC, pending on the file of the
2nd Addl. Civil Judge(Jr. Dvn.,) and JMFC at Magadi,
Ramanagara District.
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CRL.P.No.1806 OF 2021
BETWEEN:
Mr. A.T. Krishnappa
S/o Mr. Venkataramaiah
Aged about 51 years
R/at No.42, "Sapthagiri Nivasa"
3 'A' Cross, 8th Main
Bhuvaneshwarinagar
Bangalore - 560 057.
...Petitioner
(By Sri. Keshava Murthy .B - Advocate)
AND:
The State of Karnataka
SHO, Tavarekere Police Station
Magadi Circle, Ramanagara District
Represented by SPP
High Court of Karnataka
Bengaluru - 560 001.
...Respondent
(By Sri. Nageshwarappa - HCGP)
This Criminal petition is filed under Section 439 of
Cr.P.C. praying to allow this petition and petitioners be
granted bail in C.C.No.53/2021 filed by the Tavarekere
Police Station, for the alleged offences punishable under
Section 120(B), 255, 420, 465, 464, 467, 468 and 471 of
IPC, on the file of II-Addl. Civil Judge and JMFC, Magadi,
Ramanagara.
These Criminal petitions coming on for Orders, this
day, the Court made the following:
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ORDER
Crl.P.No.1049/2021 is filed by Accused Nos.1 to 5, 7 and 8, Crl.P.No.1194/2021 is filed by Accused Nos.6, 9 and 10 and Crl.P.No.1218/2021 is filed by Accused Nos.11 and 12 under Section 438 of Cr.P.C. for granting anticipatory bail. Crl.P.No.1806/2021 is filed by Accused No.13 under Section 439 of Cr.P.C. for granting regular bail in Crime No.428/2020 registered by the Tavarekere Police Station, Magadi Circle on 19.12.2020.
2. The case of the prosecution is that on the complaint of one Madegowda, the police registered the case against the accused persons for the offences punishable under Sections 465, 468, 467, 471 r/w 34 of IPC and the charge sheet has been filed which is pending on the file of JMFC, Magadi, Ramanagar District. It is alleged by the complainant in his complaint that Bharath Electronics Employees House Building Co-Society said to have acquired the land measuring 134 Acres from the farmers and entered into agreement for development activities for the purpose of 8 formation of sites to be allotted to its members. It is contended that the said society and Sri Byraweshwara Enterprises had entered into memorandum of understanding on 29.12.2018 and obtained the e-stamp papers and it is further contended that the said e-stamp papers were purchased on 28.01.2019 at 2.43 p.m., but they were antedated to 29.12.2018, thereby they have tampered the Government e-stamp papers by forging the documents and requested the police to register the case against them. During the investigation, the police arrested Accused No.13 on 01.02.2021 and he was remanded to judicial custody. Hence, accused No.13 has filed Crl.P.No.1806/2021 for grant of regular bail.
3. The police have filed charge sheet after completion of investigation and the names of the petitioners in Crl.P.Nos.1049/2021, 1194/2021 and 1218/2021 have been shown as absconded, hence, they have filed these petitions for granting of anticipatory bail.
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4. Sri Jayakumar S.Patil, learned Senior Counsel for the petitioners in Crl.P.No.1049/2021 contended that there was a complaint filed against the same Society for tampering the e-stamp papers before the District Registrar and Deputy Commissioner of Stamps, Bangalore Rural District, Bangalore which was investigated and 'B' report came to be filed on 09.03.2020 by Jalahalli Police. Subsequently, M/s.Srimaya Builders and Developers who were the previous agreement holders with the Society also filed a private complaint under Section 200 of Cr.P.C. and the same came to be dismissed on 21.09.2020. Thereafter, the complainant filed a false complaint against these petitioners knowing fully well that the police have registered the case and the issue of tampering the e-stamp papers was already considered and 'B' report has been filed. The complaint came to be filed only to harass the petitioners since, the previous memorandum of understanding between M/s.Srimaya Builders and Developers and the BEL Society was broken and civil case has been filed where no injunction has been granted against the Society. The said M/s.Srimaya 10 Builders and Developers had also filed CMP No.127/2019 before this Court and got referred the matter to the arbitration of the case which is pending consideration. Such being the case, the present complaint has been filed. It is contended that though the offences are non-bailable, but the same are neither punishable with death or imprisonment for life and it is triable by the Magistrate. Hence, prayed for grant of bail.
5. Sri S.K.Venkata Reddy, learned counsel for the petitioners in other two petitions also argued the matter on the same line of arguments addressed by the learned Senior Counsel.
6. Sri Keshava Murthy.B., learned counsel for the petitioner / Accused No.13 contends that the petitioner is innocent of the offences alleged and falsely implicated in the case. He is nothing to do with the case and he is neither the member nor anyway concerned to the Society, but he has been made scapegoat and implicated in the case. He has been arrested by the police and is in judicial custody. 11
7. Per contra, learned HCGP objected the bail petition and contended that these accused persons were the Directors of the BEL Society and proprietors and witnesses to the Memorandum of Understanding entered into between the BEL Society as well as Byraweshwara Enterprises for tampering the e-stamp papers and forged the documents which is pertaining to the Government and they are absconding from the date of registration of the case. Hence, prayed for dismissal of the bail petitions.
8. Upon considering the arguments of learned counsel for the petitioners and learned HCGP and on perusal of the records, the allegations against the petitioners are that they have tampered the e-stamp papers by changing the date from 28.01.2019 to 29.12.2018. It also reveals from the record that a case has already been registered against them before the District Sub-Registrar and 'B' final report has been submitted by the Jalahalli Police on 09.03.2020. In this regard a private complaint was also filed by M/s.Srimaya Builders and Developers under Section 200 of 12 Cr.P.C. for the same offences where the complaint in PCR No.128/2020 came to be dismissed on 21.09.2020. After dismissal of the private complaint and after filing of the 'B' report, the present complaint came to be filed on 19.12.2020. The allegations against the petitioners is that they have tampered the e-stamp papers. The charge sheet has already been filed by the police. The only apprehension is that, NBW has been issued by the learned JMFC, Magadi after filing of the charge sheet. They may be arrested and detained in custody. Accused No.13 is already in judicial custody. Though the alleged offences are non-bailable, but they are neither punishable with death or imprisonment for life. Therefore, without expressing any opinion on the merits of the case, the petitioners are entitled for regular and anticipatory bail as prayed. Hence, I pass the following order:
Order The Criminal Petitions in Crl.P.Nos.1049/2021, 1194/2021 and 1218/2021 filed by petitioners / Accused 13 Nos.1 to 12 and Crl.P.No.1806/2021 filed by the petitioner / Accused No.13 are allowed.
The respondent - Police are directed to release the petitioners-accused Nos. 1 to 12 on bail in the event of their arrest in Crime No.428/2020 registered by the Tavarekere Police Station.
The JMFC, Magadi is directed to release petitioner / Accused No.13 on bail in Crime No.428/2020 registered by the Tavarekere Police Station, subject to the following conditions;
(i) All the Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with a solvent surety for the likesum to the satisfaction of the Investigating Officer/trial Court;
(ii) Petitioners in Crl.P.Nos.1049/2021, 1194/2021 and 1218/2021 shall surrender before the Investigating Officer within 15 days from the date of receipt of certified copy of this order;14
(iii) Petitioners shall not indulge in similar offences strictly;
(iv) Petitioners shall not directly or indirectly
tamper with any of the prosecution
witnesses;
(v) Petitioners in Crl.P.Nos. 1049/2021,
1194/2021 and 1218/2021 shall approach the trial Court and seek for regular bail by filing applications under Section 437 of Cr.P.C.
Sd/-
JUDGE DKB/-