Gopi M V vs State Of Karnataka on 3 October, 2017

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Karnataka High Court

Gopi M V vs State Of Karnataka on 3 October, 2017

Bench: Rathnakala

                          -1-



   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3rd DAY OF OCTOBER 2017

                        BEFORE

        THE HON'BLE MRS.JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.7496/2017

BETWEEN:

GOPI M.V.
S/O A.VENKATASWAMY
AGED ABOUT 36 YEARS
R/O VILLA NO.B1,
NVT ORCHID GARDEN
CHAMBENAHALLI,
SARJAPURA MAIN ROAD
ANEKAL TALUK
BENGALURU URBAN DISTRICT - 560 078.        ...PETITIONER

(BY SRI SAJAN POOVAYYA, SENIOR ADVOCATE A/W
SRI A.H.BHAGAVAN, ADV.)

AND:

STATE OF KARNATAKA
BY BMTF POLICE
BENGALURU
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU - 560 001.                     ...RESPONDENT

(BY SRI S.VISHWAMURTHY, HCGP.)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.17/2017 OF BMTF POLICE, BENGALURU, FOR THE
OFFENCE P/U/S 441 OF KMC ACT AND SEC.120(B), 409, 420,
468 AND 471 OF IPC.
                                   -2-



      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:


                            ORDER

Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.

2. The petitioner is in judicial custody since 31.8.2017 in Cr.No.17/2017 registered by the respondent- police in respect of the offences under section 441 of KMC Act and sections 120-B, 409, 420, 468 and 471 of IPC.

3. The gist of the allegation is, the 1st accused concocted documents in respect of the immoveable properties with the connivance of the 2nd accused/Asst. Engineer of BBMP and co-accused who are TDR agents and obtained TDR certificates.

4. Learned counsel for the petitioner submits that the 1st accused who was the beneficiary of the transaction is not yet arrested and A-2 is granted anticipatory bail. No -3- incriminating material was recovered from the possession of this petitioner despite his interrogation during police custody. The petitioner undertakes to co-operate with the Investigating Officer during further course of investigation.

5. Having regard to the nature of the allegation, the petition is allowed. Petitioner is enlarged on bail in Crime No.17/2017 of respondent-police, subject to the following conditions:

(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.

The surety shall furnish his Identity Card/Aadhar Card and original title deeds pertaining to his property for the perusal of the Court. He shall not have the antecedents of offering surety in criminal cases.

(ii) He shall appear before the Investigating Officer as and when called upon during further course of investigation.

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In view of the disposal of the main petition, I.A.1/17 does not survive for consideration and the same stands disposed of.

Sd/-

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