Karnataka High Court
D. Venugopala vs The State Of Karnataka on 8 June, 2017
Author: R.B Budihal
Bench: R.B Budihal.
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF JUNE 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B.
CRIMINAL PETITION NO.101004/2017
BETWEEN:
D.VENUGOPALA
AGED ABOUT 51 YEARS
S/O D.HANUMANTHAPPA
OCC: AGRICULTURIST
(COUNCILOR C.M.C.)
R/O 6TH WARD, RANIPET
HOSAPETE - 583201
BELLARY DISTRICT
... PETITIONER
(BY SRI G.I.GACHCHINAMATH, ADVOCATE)
AND
STATE OF KARNATAKA
THROUGH POLICE INSPECTOR
EXTENSION POLICE STATION
HOSAPETE-583201
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
DHARWAD-580001
... RESPONDENT
(BY SRI PRAVEEN K.UPPAR, HCGP)
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THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE
THE PETITIONER ON BAIL IN CR.NO.22/2017 OF
EXTENSION POLICE STATION, HOSAPETE, FOR THE
OFFENCES P/U/S 177, 417, 420, 468, 471, 120B R/W 34
OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT, MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.5 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 177, 417, 420, 468, 471, 120B r/w 34 of IPC registered in respondent-Police Station Crime No.22/2017.
2. Brief facts of the prosecution case that complaint came to be registered by Smt.N.K.Shilpa, a resident of N.C.Colony, Hosapete before the respondent police on 06.04.2017 against four persons as mentioned in the complaint. The allegation in the complaint was that 43 plots were formed in Sy.No.198F, M.J.Nagar, Hosapete. The complainant's father had purchased four :3: plots numbered from Plot No.27 to Plot No.30. During the lifetime of the complainant's father, he had sold Plot No.30 and the remaining site No.29 was in the name of her mother while site No.27, 28 and 29 were in her possession. The further allegation that Plot Nos.27 to 29 had been assigned a Single Assessment No.17269 and the title and possession of the sites was with the complainant. The accused Nos.1 to 4 hatched a criminal conspiracy with common intention to knock of the plots belonging to the complainant in conspiracy with the officials of the Hosapete Nagar Sabhe, created a plot bearing Door No.1168, Assessment No.1168 and gave the schedule of the plot Nos.27 to 29 belonging to this created document, got the mutation entries and entered in the municipal records. On the basis of the complaint, case came to be registered against the accused and others for the said offences.
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3. Heard the arguments of the learned senior counsel appearing for the petitioner-accused No.5 and also the learned HCGP appearing for the respondent- State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced along with the petition.
5. This Court has an occasion to pass the orders in the similar crime number in respect of accused No.1/K.Malappa. Learned counsel for the petitioner produced the copy of the said order dated 05.06.2017 passed in Criminal Petition No.4295/2017. This Court has already considered the merits of the case. Ultimately granted regular bail to said Malappa. Therefore, on the ground of parity the petitioner is also entitled to be granted with bail by imposing reasonable conditions.
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6. Accordingly, petition is allowed. The petitioner/accused No.5 is ordered to be released on bail in Crime No.22/2017 registered by the respondent Police for the above said offences, subject to following conditions:
i. Petitioner has to execute personal bond for a sum of Rs.50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE CLK