Karnataka High Court
Smt A S Rajeshwari vs The State Of Karnataka on 11 April, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
CRL.P No. 1134 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 1134 OF 2023
BETWEEN:
SMT. A. S. RAJESHWARI,
C/O. A. V. S. BHAT,
NOW AGED ABOUT 77 YEARS,
R/O. NO. 3, 2ND MAIN,
KUMAR GHAT,
ANNAPURNESHWARI NILAYA,
K. P. WEST,
BENGALURU - 560 020.
...PETITIONER
(BY SRI. CHANDRASHEKARA K. A, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
Digitally
signed by R
BY THE POLICE OF
MANJUNATHA AVALAHALLI POLICE STATION,
Location:
HIGH COURT BENGALURU DISTRICT - 560 020.
OF
KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. S. VISHWA MURTHY, HCGP)
-2-
CRL.P No. 1134 of 2023
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN
CR.NO.398/2022 OF AVALAHALLY P.S., BANGALORE DISTRCT
FOR THE OFFENCE P/U/S 416,415,417,419,420,463,464,465,
466,468,471,120B R/W 34 OF IPC ON THE FILE OF THE
LEARNED ACJM, BANGALORE RURAL DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Chandrashekara K.A., learned counsel for the petitioner and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State.
2. Present petition is filed under Section 438 of Cr.P.C. with the following prayer:
"WHEREFORE, the petitioner/Accused No.4 named above prays that, this Hon'ble Court be pleased to pass the order, grant her anticipatory bail in the event of her arrest in Cr. No.398/2022 of Avalahally Police Station, Bengaluru District, now pending on the file of the Learned ACJM, Bengaluru Rural District registered for the offence punishable under Sections 415, 416, 417, 419, -3- CRL.P No. 1134 of 2023 420, 463, 464, 465, 466, 468, 471 and 120(B) R/w 34 IPC., to meet the ends of justice."
3. The brief facts of the case are as under:
A complaint came to be lodged by Rajeshwari A.S. W/o. Shreepada Bhat A.V., with Avalahally Police Station on 13.10.2022 which was registered in Crime No.398/2022 for the offences punishable under sections 415, 416, 417, 419, 420, 463, 464, 465, 466, 468, 471, 120B read with section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short).
4. The gist of the complaint averments reveals that by impersonating the complainant, the present petitioner who is having the same name has registered the landed property in Survey No.39/2 (Old Survey No.39/3) of Bandapura Vilage in favour of the Mohammad Akbar Pasha and others.
5. The police after registering the case are investigating the matter. In the meantime, the petitioner has approached the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for grant of anticipatory bail which was turned down by order dated 19.11.2022 in Crl.Mis. -4- CRL.P No. 1134 of 2023 Petition No. 2102/2022. Thereafter, the petitioner is before this Court.
6. Sri. Chandrashekara K.A., learned counsel for the petitioner reiterating the grounds urged in the bail petition sought for grant of anticipatory bail by referring to the very same District Judge granting the bail to the other three co- accused persons, who are beneficiaries under the sale deed. Hence, sought for grant of anticipatory bail.
7. Per contra, learned High Court Government Pleader opposes the grant of anticipatory bail.
8. In the light of the rival contentions, this Court perused the materials on record meticulously.
9. On such perusal, it is seen that the petitioner is aged about 77 years.
10. Whether at all, she is really impersonated the complainant and got the documents registered in favour of the other accused persons or cannot to be decided by this Court at this stage by holding a mini trial.
-5-CRL.P No. 1134 of 2023
11. Suffice to say that the materials available on record would reveal that the petitioner is not available for the Investigating Agency from the date of offence and as such, investigation has also crippled to a considerable extent.
12. Directing the petitioner to join the investigation and to undergo limited period of custodial interrogation would meet the ends of justice. Hence, this Court passes the following:
ORDER
1. The Criminal Petition is allowed.
2. Petitioner is directed to appear before the Investigating Agency on 20.04.2023 at about 10.00 a.m.
3. Investigation Officer is at liberty to take the accused / petitioner to custody and complete the custodial investigation on the same day, before 5.00 p.m. and thereafter, enlarge the petitioner on bail, on petitioner executing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of the IO.-6-
CRL.P No. 1134 of 2023
4. Petitioner shall co-operate with the Investigating Agency.
5. Petitioner shall not tamper with the prosecution witnesses in any manner.
6. Petitioner shall attend the Court regularly.
If any of the above conditions are violated, the prosecution is at liberty to seek for cancellation of this bail order.
Ordered accordingly.
Sd/-
JUDGE VBS List No.: 1 Sl No.: 78 CT: ABS