Sri K Malappa vs State Of Karnataka on 5 June, 2017

[Cites 8, Cited by 0]

Karnataka High Court

Sri K Malappa vs State Of Karnataka on 5 June, 2017

Bench: R.B Budihal.

                      :1:



        IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 5TH DAY OF JUNE 2017

                     BEFORE

      THE HON'BLE MR. JUSTICE BUDIHAL. R.B.

         CRIMINAL PETITION NO.4295/2017

BETWEEN:

SRI K MALAPPA
S/O LATE KAMARAPPA
AGED 61 YEARS
OCC: MUNICIPAL COUNCILLOR
26TH WARD KANCHAGARAPETE
HOSPETE-583201
BALLARI DISTRICT
                                       ... PETITIONER

(BY SRI RAVI B.NAIK, SR.COUNSEL FOR
SRI VIJETHA R NAIK, ADVOCATE)

AND

STATE OF KARNATAKA
THROUGH STATION HOUSE OFFICER
AND INSPECTOR OF POLICE
EXTENSION POLICE STATION
HOSAPETE-583201
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001
                                      ... RESPONDENT

(BY SRI PRAVEEN K.UPPAR, HCGP)
                        :2:




     THIS CRL.P.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
PETR. ON BAIL IN CR.NO.22/2017 RESPONDENT POLICE
STATION DATED 06.04.2017 FOR THE OFFENCES P/U/S
120B, 177, 417, 420, 468, 471 R/W 34 OF IPC PENDING
INVESTIGATION AND TRIAL OF THE CASE BEFORE THE
COURT OF THE ADDL.CIVIL JUDGE AND JMFC AT
HOSAPETE.

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

                        ORDER

This petition is filed by the petitioner-accused No.6 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 177, 468, 471, 420, 417, 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 :3: that 43 plots were formed in Sy.No.198F, M.J.Nagar, Hosapete. The complainant's father had purchased four 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 was 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 firstly against accused Nos.1 to 4.

:4:

3. Heard the arguments of the learned senior counsel appearing for the petitioner-accused No.6 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 so also order passed by the learned Sessions Judge, Hosapete.

5. Looking to the materials placed on record, in the FIR, the name of the present petitioner is not figured, it is registered only against four persons as accused Nos.1 to 4. As submitted by the learned Senior Counsel that the name of the present petitioner came to be on the basis of the voluntary statement said to have been made by accused Nos.3 and 4. Except that, there is no other prima facie material as against petitioner/ accused No.6. Looking to the bail petition averments, he has contended that he is totally innocent and not :5: involved in committing the alleged offence and he has undertaken that he is ready to abide by any conditions to be imposed by this Court.

6. The alleged offences are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be released on bail by imposing reasonable conditions.

7. Accordingly, petition is allowed. The petitioner/accused No.6 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.

:6:

iii. Petitioner shall appear before the concerned Court regularly.

Since the main petition itself is disposed of, the application I.A.No.1/2017 seeking interim bail does not survive for consideration. Hence, it is disposed of accordingly.

Sd/-

JUDGE CLK

Unlock Advanced Research with PRISMAI

Karnataka High Court