Karnataka High Court
Nawaz Pasha vs State Of Karnataka on 1 October, 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF OCTOBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE P.G.M.PATIL
CRIMINAL PETITION NO.7244 OF 2019
Between:
Nawaz Pasha
S/o Late Abdul Khuddus,
Aged about 52 years,
R/o No.409, 1st Floor,
North Street,
East Austin Town Layout,
Neelasandra,
Bengaluru - 560 007. ...Petitioner
(By Sri.Gireesha J.T, Advocate)
And:
State of Karnataka
By Mulbagal Town P.S.
Rep by SPP,
High Court Building,
Bengaluru - 560 001.
...Respondent
(By Sri.Honnappa, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the
event of his arrest in CR.NO.161/2017 of Mulabagal Town
Police Station, Kolar for the offence punishable under
Sections 468, 471 and 420 of IPC.
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This Criminal Petition coming on for orders this day,
the Court made the following:
ORDER
The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C seeking to enlarge him on anticipatory bail in the event of this arrest in Crime No.161/2017 of Mulbagal Town Police Station for the offences punishable under Sections 468, 471 and 420 of IPC.
2. The case of the complainant/Commissioner, TMC, Mulbagal is that, when he verified the documents pertaining to katha No.9923/5 of Mulbagal Town, it was registered in the name of Vijaya Kumari w/o Pattabi of Mallekuppa Village by using forgery documents by the accused/petitioner herein and there was no 'e' property Form No.3. It is alleged that one Nawaz Pasha i.e., the petitioner herein while executing registered sale deed, produced records, 3 which are forged in respect of property No.4182, katha No.9923/5 measuring 90x40 feet, which was registered in the name of one Smt.Vijaya Kumar. On the basis of the complaint, the respondent/police have registered the case against the petitioner herein for the aforesaid offences.
3. The petitioner has stated that he is innocent and law abiding citizen. He has not committed any offences. He is permanent resident of the address given in the cause title of the petition. He is having old aged parents, wife and children who are depending upon him. He is ready to abide by the conditions that may be imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release the petitioner/accused on anticipatory bail.
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4. Heard the learned counsel for the petitioner/accused and learned High Court Government Pleader for the respondent/state.
5. I have carefully and cautiously gone through the documents produced by the learned counsel appearing for the parties and perused the records.
6. The allegation against the petitioner is that while executing the sale deed in favour of Smt.M.Vijayakumari w/o S.Pattabi on 16.11.2017, he produced forged katha extracts and other documents before the registering Authority in respect of the property bearing Katha No.9923/5 situated at Mallekuppa Village. The case was registered on 01.12.2017. However, no progress is shown in the investigation. It is not disputed that the petitioner is the permanent resident of Neelasandra, Bengaluru. The alleged offences are not punishable with death or 5 life imprisonment and are triable by the Court of Principal Civil Judge (Jr Dvn) and JMFC, Mulbagal, Kolar District. Under these circumstances, I am of the considered opinion that the petitioner could be enlarged on anticipatory bail subject to imposing certain conditions. Hence, the petition is allowed and the petitioner/accused is ordered to be enlarged on bail in the event of his arrest in Crime No.161/2017 of Mulbagal Town Police Station for the offences punishable under Sections 468, 471 and 420 of IPC, subject to the following conditions:-
i. The petitioner shall surrender before the Investigating Officer within 10 days from the date of receipt of a certified copy of this order.
ii. The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the I.O.6
iii. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iv. The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall not leave the jurisdiction of the trial Court without prior permission.
v. The petitioner shall appear before the SHO of Mulbagal Town Police Station and mark his attendance on every Sunday between 10.00 a.m and 5.00 p.m., till filing of the final report.
SD/-
JUDGE NBM