Karnataka High Court
Shri.Krishna S/O Dhakalu Karlekar vs The State Of Karnataka on 30 January, 2020
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30 t h DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETI TION NO.100114/2020
BETWEEN
1. SHRI.KRISHNA S/O DHAKALU KARLEKAR
AGE: 66 YEARS, OCC: AGRICULTURE WORK,
R/O: SANTI BASTWAD, BELAGAVI,
TQ & DIST: BELAGAVI.
2. SHRI.SUNIL S/O KRISHNA KARLEKAR
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: SANTI BASTWAD, BELAGAVI,
TQ & DIST: BELAGAVI.
... PETI TIONERS
(By SRI.VISHWANATH BADIGER, ADV.)
AND
THE STATE OF KARNATAKA
PRESENTED BY I TS
STATE PUBLIC PROSECUTOR,
(BELAGAVI RURAL P.S.),
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT: DHARWAD.
... RESPONDENT
2
THIS CRIMINAL PETI TION IS FILED U/S 438
OF CR.P.C. PRAYING TO ALLOW THIS PETI TION
AND ENLARGE THE PETI TIONERS / ACCUSED NO.1
& 2 ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME NO.143/2019 DATED 21/09/2019
REGISTERED BY BELAGAVI RURAL POLICE
STATION (PENDING ON THE FILE OF JMFC-II,
BELAGAVI) AGAINST PETI TIONERS / ACCUSED
NO.1 & 2 FOR THE OFFENCE PUNISHABLE U/SEC.
463, 464, 465, 466, 467, 468, 471, 420, 504, 506
R/W SEC. 34 OF IPC; BAIL APPLICATION IS FILED
BY THE ADVOCATE FOR PETI TIONERS / ACCUSED
NO.1 & 2 U/S 438 CR.P.C. IN CRL.MISC.
NO.2778/2019 BEFORE PRL. SESSIONS JUDGE,
BELAGAVI, HAS BEEN REJECTED.
THIS PETI TION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This is an anticipatory bail petition filed under section 438 of Cr.P.C., seeking to enlarge the petitioners on bail, in the event of their arrest, in Crime No.143/2019 of Belgavi police station, for the offences punishable under sections 463, 464, 465, 466, 467, 468, 471, 420, 504, 506 read with Section 34 of IPC . 3
2. The case of the prosecution in brief is that the complainant one Babaji Karlekar filed a private complaint before the II JMFC, Belagavi, against accused 1 and 2 which was referred to respondent police for investigation. On the basis of the same, respondent police registered the case against petitioners 1 and 2 for the aforesaid offences. The complainant has stated that his father died leaving behind himself and three brothers. After the death of his father, his legal heirs got entered their names in the records of agricultural properties and house properties as joint owners by Varsa. Since then, they are in joint possession of the agricultural lands. There is no partition between himself and his brothers. This being the fact, accused 1 and 2 without the consent of complainant and other brothers, created loan documents by signature of other brothers and submitted application to 4 Karnataka Vikas Grameena Bank, Peeranwadi, Belagavi on 23.082017 and got created charge over R.S.No.246/5 by raising loan of Rs.2,00,000/-. Thereby accused 1 cheated the complainant and other brothers.
3. The petitioners who are arraigned as accused 1 and 2 in the complaint have stated that the complainant has created a false story and has filed false complaint. He has admitted that the family properties are jointly possessed by the complainant and his brothers and there is no partition. Due to family necessity accused 1 had raised loan of Rs.2,00,000/- by mortgaging the property with the consent of all the brothers and the entire amount has been repaid by accused 1 on 06.02.2019 for which KVG Bank authorities have issued 'No dues Certificate' and also executed 'Registered Re- 5 conveyance Deed' on 08.02.2019. Accused 1 is the joint owner of the property and had availed the loan by mortgaging the said property and therefore there is no cheating on the part of the accused. There is inordinate delay in filing the complaint. The petitioners are ready and willing to abide by the conditions which may be imposed by the Court and they are permanent residents of the place shown in the cause title, having movable and immovable properties and ready to furnish adequate sureties to the satisfaction of the trial Court.
4. Heard the learned counsel for the petitioners and the learned HCGP.
5. It is not disputed that the petitioner 1 and the complainant and his brothers are joint owners of the properties and after the death of their father all of them have succeeded to the 6 said property and accordingly, their names are entered in the revenue records. The petitioner 1 has admitted that he had availed loan of Rs.2,00,000/- from KVG Bank by mortgaging the property owned jointly by himself and the complainant and his other brothers for his family necessities. However, subsequently he has repaid the entire loan and the Bank has issued no dues certificate which is produced along with the petition. Learned counsel for the petitioners has produced re-conveyance deed executed by the Bank for perusal of the Court. Therefore the petitioner No.1 who had availed the loan by mortgaging the property has been re- conveyed by the Bank and therefore it appears there is no impediment for the Court to enlarge the petitioners on anticipatory bail subject to imposing necessary conditions to see that they will not tamper with the prosecution witnesses 7 and co-operate in the investigation. The alleged offences are not punishable with death or life imprisonment and triable by the Court of JMFC.
Accordingly this Court proceed to pass the following:
ORDER The anticipatory bail petition filed under section 438 of Cr.P.C. is allowed. The petitioners are ordered to be released on bail in the event of their arrest in Crime No.143/2019 of Belagavi Rural police station, on the following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer, within 10 days from the date of receipt of certified copy of this order.
ii) The petitioners shall furnish personal bond for a sum of Rs.50,000/- each with one 8 surety for the like sum to the satisfaction of the Investigating Officer.
iii) The petitioners shall not cause threat to the prosecution witnesses in any manner and shall cooperate in the investigation.
iv) The petitioners shall mark their attendance before the SHO of Belagavi Rural police station on every 2 n d and 4 t h Sunday from 10.00 a.m. to 5.00 p.m. till the filing of final report.
Sd/-
JUDGE KGK