Karnataka High Court
Nagaraju D @ Nagarajappa @ Rajappa vs State Of Karnataka on 12 January, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.10252/2021
BETWEEN:
NAGARAJU D @ NAGARAJAPPA @ RAJAPPA
S/O LATE DODDAPPA
AGED AOBUT 53 YEARS
OCC: DOCUMENT WRITER
R/OF KORATIKERE VILLAGE
CHANNAGIRI TALUK
DAVANAGERE DISTRICT - 577215
... PETITIONER
(BY SRI M.R.HIREMATHAD, ADVOCATE)
AND:
STATE OF KARNATAKA
BY CHANNAGIRI POLICE
DAVANAGERE DISTRICT - 577213
THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS, BENGALURU
... RESPONDENT
(BY SRI VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.368/2021 REGISTERED BY THE CHANNAGIRI POLICE
STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
465, 468, 471, 406, 417, 409, 420 OF IPC AND ETC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.368/2021 registered by the Channagiri Police Station for the offence punishable under Sections 465, 468, 471, 406, 417, 409, 420 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.
3. The factual matrix of the case is that this petitioner without verifying the original documents had drafted the relinquishment deed and hence, he has been arraigned as accused in the said case and case has been registered against this petitioner for the aforesaid offences.
4. The learned counsel for the petitioner would submit that this petitioner has not played any role in creation of any document and he has only drafted the document based on the instructions and hence, prayed to allow the petition. 3
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner without verifying the original documents had drafted the relinquishment deed which is a forged one and used the said document for transfer of property and prayed to dismiss the petition.
6. Having heard the respective counsel and also on perusal of the documents on record, it is clear that an allegation is made against this petitioner is that this petitioner without verifying the original documents had drafted the relinquishment deed and whether he had indulged in committing the said offences knowing fully well or not is a matter of trial and taking note of the gravity of the offence, it is a fit case to exercise the powers under Section 439 of Cr.P.C.
7. In view of the discussions made above, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.368/2021 registered by the Channagiri Police Station for the offence 4 punishable under Sections 465, 468, 471, 406, 417, 409, 420 of IPC, subject to the following conditions:
(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE SN