Karnataka High Court
Shivakumar K vs State Of Karnataka on 1 March, 2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.8256/2017
BETWEEN:
Shivakumar K.,
S/o. late A.G.Kittayyar,
Aged about 51 years,
R/at No.411, 15th Cross,
Nimishamba Extension,
Near Giriyas, Ramakrishnanagar,
Mysuru - 570 022. ... Petitioner
(By Sri. Lethif B., Advocate)
AND:
State of Karnataka,
Mandya East Police,
Mandya District.
... Respondent
(By Sri. K. Nageshwarappa, 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 Crime No.155/2017 of Mandya
East Police Station, Mandya for the offence punishable
under Sections 406, 417, 420, 468, 471 and 506 of IPC.
2
This criminal petition coming on for orders, this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioner and the HCGP and perused the complaint and other materials placed before the Court.
2. This petition is under Section 438 of Cr.P.C. The complaint in Crime No.155/2017 for the offence punishable under Sections 406, 417, 420, 468, 471 and 506 of IPC has been registered at the respondent-police station against the petitioner and other accused. The complaint was made by one P.R.Radha Krishna stating that the petitioner and other accused met him in the year 2014 and told him that quarrying operation could be taken up in his land measuring 16 acres 81 cents situated at Ajjipura Village, Hanur Hobli, Kollegala Taluk, Chamarajanagar District and in this regard there came into existence a MOU between the complainant 3 and other accused on 11.06.2014. In terms of the MOU, the complainant invested initially a sum of Rs.1,50,00,000/-. The complainant did not see any progress in granite quarry business; hence, he met the petitioner and at that time, petitioner was said to have executed an agreement of sale on 18.08.2016. This agreement was registered and that the petitioner paid further sum of Rs.50,00,000/- on that day. Later, complainant came to know that in the year 2013 itself, the petitioner had entered into a similar agreement with one Puttanna, Ravikumar and Shivakumar, for the purpose of doing the same business. Thus, complainant alleged cheating, fabrication of documents and forgery and therefore made a complaint.
3. Bare reading of the complaint discloses that the dispute between the parties is of civil nature. The evidence alleged against the petitioner are triable by the Magistrate. The other accused have already been 4 granted anticipatory bail. Therefore, this petitioner can also be admitted to anticipatory bail. For this reason, petition can be allowed. Hence, the following:
ORDER In the event of arrest of the petitioner by the respondent-police station, in connection with Crime No.155/2017, he shall be released on bail on obtaining from him a personal bond for Rs.1,00,000/- (Rupees one lakh only) and two sureties for the likesum to the satisfaction of the trial Judge. The petitioner is subjected to the following conditions:
1) He shall cooperate with the Investigating Officer during investigation.
2) He shall not leave jurisdiction of the trial Court till investigation is completed.
3) He shall mark his attendance before the respondent-police station once in 15 days, probably on Sunday in between 09.00 A.M. and 12.00 P.M. 5
4) He shall not threaten the witnesses and tamper the prosecution evidence.
Sd/-
JUDGE SV/-