Karnataka High Court
Hanumesh S/O Parasappa Bhovi vs The State Of Karnataka on 26 September, 2024
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NC: 2024:KHC-D:14075
CRL.P No. 102463 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.102463 OF 2024
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. HANUMESH S/O. PARASAPPA BHOVI,
AGE. 28 YEARS, OCC. AGRICULTURE,
R/O. HEMAGUDDA, TQ. GANGAVATHI,
DIST. KOPPAL-583227.
2. SMT. MANJULA W/O. HULUGAPPA BHOVI,
AGE. 32 YEARS, OCC. AGRICULTURE,
R/O. MUKKUMPI VILLAGE, TQ. GANGAVATHI,
DIST. KOPPAL-583227.
3. RAMESH S/O. LACHAMAPPA BHOVI,
AGE. 26 YEARS, OCC. AGRICULTURE,
R/O. CHIKKABENAKAL, TQ. GANGAVATHI,
DIST. KOPPAL-583227.
4. BETTAPPA S/O. NINGAPPA BHOVI,
AGE. 22 YEARS, OCC. PRIVATE EMPLOYEE,
R/O. CHIKKABENAKAL, TQ. GANGAVATHI,
Digitally signed by DIST. KOPPAL-583227.
YASHAVANT
NARAYANKAR ...PETITIONERS
Location: HIGH
COURT OF (BY SRI A.M. MALIPATIL, ADVOCATE FOR PETITIONERS)
KARNATAKA
AND:
THE STATE OF KARNATAKA,
THROUGH GANGAVATHI RURAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP FOR RESPONDENT)
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NC: 2024:KHC-D:14075
CRL.P No. 102463 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
BNSS, SEEKING TO ALLOW THIS PETITION AND ENLARGE THE
PETITIONERS/ACCUSED NO.1 TO 4 ON AN ANTICIPATORY BAIL IN
GANGAVATHI RURAL P.S. CRIME NO.154/2024 PENDING ON THE
FILE OF PRL. CIVIL JUDGE (JR. DN) AND JMFC COURT, GANGAVATHI
FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 504, 506, 34
OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR DICTATING
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioners who are arraigned as accused Nos.1 to 4 have filed this petition under Section 482 of Bharatiya Nagarika Surksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail in Crime No.154/2024 of Gangavathi Rural Police Station for the offences punishable under Sections 420, 504, 506 r/w Section 34 of IPC.
2. In support of their petition, petitioners have contended that they are from reputed family. They are innocent and peace loving citizens. They have not committed the alleged offences and have been falsely implicated. Complainant has alleged that in order to grab -3- NC: 2024:KHC-D:14075 CRL.P No. 102463 of 2024 her land petitioners have created false and forged documents. However, she has not filed any objections before the Revenue Department when the name of petitioners was mutated in the RTC. Petitioners are agriculturists. They have purchased the land in question for valuable consideration. They are permanent residents of the address given in the cause title and ready and willing to abide by any conditions that may be imposed and prays to allow the petition.
3. Learned High Court Government Pleader filed objections stating that one Maddannamma Balagondar has filed complaint dated 12.07.2024 alleging that she is the owner of dry land in Sy.No.3/1/1 measuring 17 guntas having borewell. However, petitioners projecting that they are getting crop loan, took her to the office of Sub- Registrar and got registered a sale deed dated 24.05.2024. On 03.06.2024, when she went to collect Pahani to avail crop loan, she came to know about the sale deed. In the sale deed, the petitioners have falsely stated -4- NC: 2024:KHC-D:14075 CRL.P No. 102463 of 2024 that Rs.2,09,000/- is credited to her account through cheque No.044245 and balance of Rs.4,50,000/- is paid in cash.
3.1 The account in question was opened by the petitioners and after crediting Rs.12,000/- in the said account they have withdrawn Rs.11,000/-. When the petitioners were illegally cleaning the land, she and her children objected. Though at the Panchayat the petitioners undertook to reconvey the land. They have not done so. In this back ground, on 25.06.2024, the petitioners came to her house and abused the complainant and her children in filthy language. Since the petitioners belong to Bovi community, they have given threat of registering Atrocity case and accordingly, filed the complaint. From the date of complaint, the petitioners have absconded. Their presence is required for investigation. In the event of granting bail, the petitioners may threaten or tamper with the witnesses and pray to reject the petition.
4. Heard arguments and perused the records. -5-
NC: 2024:KHC-D:14075 CRL.P No. 102463 of 2024
5. Complainant is the owner of dry land in Sy.No.3/1/1 measuring 17 guntas having borewell. She has alleged that the petitioners in the guise of getting her crop loan took her to the Sub-Registrar Office and executed a document and only when she got copy of the RTC, she realized that it is a sale deed. She has also alleged that the sale consideration is not paid to her and the petitioners opened an account in her name crediting Rs.12,000/- and kept the ATM card with them and withdrawn Rs.11,000/-. When the petitioners were cleaning and leveling the land, she and her children objected. At the panchayat though petitioners undertook to reconvey the land, they have not done so, forcing her to file the complaint.
6. Admittedly, the sale deed in question is executed by the complainant, though she claimed that the petitioners have done so under the guise of getting her crop loan. In the sale deed, it is also stated that a sum of Rs.2,09,000/- is credited to the account of the seller and -6- NC: 2024:KHC-D:14075 CRL.P No. 102463 of 2024 remaining Rs.4,50,00/- is paid in cash. To evidence this fact the petitioners have produced statement of account of petitioner No.1. According which on 20.06.2024 a sum of Rs.2,09,000/- is credited to the account of complainant. It is submitted by the learned counsel for the petitioner that it is a simple sale transaction between the complainant and petitioners. Only after the neighbouring land owners offered higher amount, she has chosen to file the complaint at their instance. The nature of the allegations made does not require the custodial interrogation of the petitioners. The petitioners are localites and permanent residents of the address given in the cause title. The dispute between the parties appears to be civil in nature. Taking into consideration this aspect, this Court is of the considered opinion that petitioners/accused are entitled for anticipatory bail. The apprehension of the prosecution that the petitioners may threaten or tamper with the prosecution witnesses may be overcome by imposing stringent conditions and accordingly, the following: -7-
NC: 2024:KHC-D:14075 CRL.P No. 102463 of 2024 ORDER Petition is allowed.
In the event of their arrest in Crime No.154/2024 of Gangavathi Rural Police Station for the offences punishable under Sections 420, 504, 506 r/w Section 34 of IPC, petitioners/accused shall be released on bail, subject to following:
CONDITIONS
a) The petitioners shall execute a personal bond in a sum of Rs.50,000/- each with one surety for the like-sum.
b) Petitioners shall appear before the investigating officer within a period of 15 days and execute the bail bond and offer surety.
c) Petitioners shall make themselves available for the purpose of investigation as and when required and they shall co-operate with the investigation.-8-
NC: 2024:KHC-D:14075 CRL.P No. 102463 of 2024
d) Petitioners shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.
e) Petitioners shall mark their attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.
f) Petitioners shall not tamper with the prosecution witnesses either directly or indirectly.
g) Petitioners shall not indulge in any criminal activities.
h) Petitioners shall be regular in attending the Court proceedings.
Sd/-
(J.M.KHAZI) JUDGE VMB List No.: 1 Sl No.: 37