Karnataka High Court
Kariyappa Gowda vs State By Bangalore on 18 January, 2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE K.N.KESHAVANARAYANA
CRL.P.No.7736/2012
C/W
CRL.P.No.7836/2012
IN CRL.P No.7736/2012
BETWEEN:
1. Kariyappa Gowda,
S/o Late Karigowda
Aged about 70 years
President of Kanaka
Gruha Nirmana Sahakara Sangha
No.715/1, Hari Complex
22nd Cross, K.R.Road
Opp: Shastri Bakery
Bangalore - 560 061.
Residing at No.1406
1st 'B' Cross, 17th 'A' Main
2nd Stage, J.P.Nagar
Bangalore - 560 078.
2. N.Shivananje Gowda,
S/o Late Ningegowda
Aged about 46 years
Secretary of Kanaka
Gruha Nirmana Sahakara Sangha
No.715/1, Hari Complex
22nd Cross, K.R.Road
Opp: Shastri Bakery
Bangalore - 560 061.
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Residing at No.26
4th Main, Brindavan Layout
Bangalore - 560 070. ...Petitioners
[By M.Krishnadas, Advocate]
AND:
State by Bangalore
Metropolitan Task Force
Bangalore
By State Public Prosecutor
High Court Buildings
At Bangalore - 560 001. ... Respondent
[By Sri.P.M.Nawaz, Additional State Public Prosecutor]
IN CRL.P No.7836/2012
BETWEEN:
Puttaswamy Gowda
S/o Kempegowda
Aged about 73 years
Residing at NO.24, 3rd Main Road
Kanaka Layout
B.S.K. 2nd Stage
Bangalore - 560 070. ... Petitioner
[By Sri. Shankrappa, Advocate]
AND:
State by Bangalore
Metropolitan Task Force
Bangalore - 560 070 ... Respondent
[By Sri.P.M.Nawaz, Additional State Public Prosecutor]
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These Criminal Petitions are filed under Section
438 of the Cr.P.C praying to enlarge the petitioners on
bail in the event of their arrest in Cr. NO.204/2012 of
B.M.T.F. P.S., Bangalore, which is registered for the
offences punishable under Sections 419,468,471 of IPC
and 321 of the KMC ACT, 1976.
These Criminal Petitions coming for orders on this
day, the Court made the following: -
ORDER
As in these two petitions, the petitioners have sought for relief of anticipatory bail apprehending their arrest by the respondent - BMTF in Crime No. 204/12, registered for the offences punishable under Sections 419, 468, 471 of IPC and Section 321 of Karnataka Municipal Corporation Act, 1976, both these petitions were heard together and are being disposed of by this common order.
2. The petitioners claim to be the office bearers of Kanaka Gruha Nirmana Sahakara Sangha, K.R.Road, Bangalore. One Nagaraju a member of the said Society lodged a report before BMTF Police on 13.11.2012 inter alia alleging that the society after forming a lay out of residential sites allotted them to its members. Site :4: No.177 was allotted to one V.Ramachandraiah, bearing membership No.223. However, said V.Ramachandraiah died on 19.9.1996 before a regular sale deed could be executed. Thereafter the office bearers of the society with a view to deceive the children of said V.Ramachandraiah, created another fictitious person in the name of V.Ramachandraiah and executed the sale deed in favour of that fictitious person in respect of site NO.177 on 30.3.2007 and got the same registered before the jurisdictional sub-Registrar. The fictitious V.Ramachandraiah in turn sold the said site to one Maregowda. On the basis of the said sale deed, khatha in respect of said site was changed in favour of the purchaser and the purchaser after obtaining a license and the sanction plan from the Corporation, started putting up construction thereon. Subsequently, when Smt.Girija, daughter of original V.Ramachandraiah sought for transfer of the membership of her father into her name and to execute the sale deed in her favour in respect of the site. However, the said application was rejected by the Society. Thus according to the :5: complainant, the office bearers of the society have committed acts of forgery, cheating etc. and therefore, action is required to be taken against them.
4. On the basis of the said complaint the aforesaid case came to be registered against the society, one V.Ramachandraiah and Maregowda. On coming to know of the registration of the case, the petitioners as office bearers of the society apprehending their arrest in the aforesaid case approached the learned Sessions Judge seeking relief of anticipatory bail. However, the said petition came to be rejected. Therefore, they are before this Court.
5. The petitions are opposed by respondent - State.
6. I have heard learned counsel for the petitioners in both the petitions and Sri.P.M.Nawaz, learned Additional State Public Prosecutor for the respondent - State. Perused the records made available. :6:
7. As noticed supra, on the basis of the complaint lodged by one Nagaraj, the case has been registered against the Society and two others. Admittedly, petitioners are the office bearers of the said society. Therefore, apprehension of the petitioners that they are likely to be arrested is well founded.
8. Learned counsel for the petitioners vehemently contended that the BMTF has no jurisdiction or authority to take cognizance of the complaint and has no authority to investigate the same since the alleged act relate to a private property not belonging to the Government or public authority. They also contended that at this stage, there are no reasonable grounds to believe that the petitioners are guilty of any of the offences alleged in the capacity of office bearers of the Society.
9. Having heard the learned counsel for the petitioners and the Additional State Public Prosecutor and on perusal of the notification issued by the Government under which Government constituted :7: BMTF, I see considerable force in the contentions of the learned counsel for the petitioners regarding jurisdiction of the BMTF to entertain the complaint. Be that as it may. Having regard to the contents of the complaint at this stage, I find no reasonable ground to indicate any of the offences alleged against these petitioners in the capacity as office bearers of the society. The offences are not punishable with death or life imprisonment. Section 321 of KMC Act does not deal with any offence. Therefore, having regard to the facts and circumstances of the case, the petitioners are entitled for the relief of anticipatory bail.
10. Hence, the petitions are allowed. The respondent-BMTF, Bangalore are directed to release the petitioners on bail in the event of their arrest in connection with case in Crime No.204/12 of the said Police Station, on each of them executing a personal bond for a sum of `25,000/- (Rupees twenty five thousand only) with one surety for the like-sum to the :8: satisfaction of the arresting Officer and also subject to further conditions that,
i) Upon such arrest and release, the petitioners shall appear before the Investigating Officer as and when so required and co-operate in the investigation of the case;
ii) The petitioners shall not tamper or terrorise the prosecution witnesses in any manner and
iii) The petitioners shall not indulge in any acts similar to the one alleged in the case.
iv) The petitioners shall not leave the jurisdiction of the Court concerned without prior permission thereof.
Sd/-
JUDGE RS/*