Karnataka High Court
Smt. P.S. Kusumalatha vs State By Halasurgate Police Station, on 23 October, 2021
Author: K.Natarajan
Bench: K. Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.7965/2021
C/W
CRIMINAL PETITION NO.7968/2021
IN CRIMINAL PETITION NO.7965/2021:
BETWEEN:
SMT.P.S.KUSUMALATHA
W/O SRI.SRINIVAS
AGED ABOUT 46 YEARS
WORKING AS DEPUTY DIRECTOR OF
LAND RECORDS
BENGALURU CITY
KANDAYA BHAVAN
BENGALURU - 560 009
...PETITIONER
(BY SRI. M.S.BHAGWAT, ADVOCATE)
AND:
STATE BY HALASURGATE POLICE STATION
REPRESENTED BY STATION HOUSE OFFICER
BENGALURU - 560 002
REPRESENTED BY SPP
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HIGH COURT OF KARNATAKA
BENGALURU - 560 001
...RESPONDENT
(BY SRI.MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HER ARREST IN
CR.NO.184/2021 REGISTERED BY HALASUR GATE
POLICE STATION, BENGALURU FOR THE OFFENCE
P/U/S 466, 409, 420, 471 READ WITH 34 OF IPC.
IN CRIMINAL PETITION NO.7968/2021
BETWEEN:
1. SRI.M.C.SHIVARAMU
S/O LATE CHIKKA KEMPE GOWDA
AGED ABOUT 56 YEARS
WORKING AS SUPERINTENDENT (EXECUTIVE)
OFFICE OF THE ASSISTANT DIRECTOR
OF LAND RECORDS
BENGALURU NORTH TALUK
KANDAYA BHAVANA
K.G.ROAD
BENGALURU - 560 009
2. SRI.SRINIVAS ACHAR D.T
S/O LATE THIMMACHAR
AGED ABOUT 49 YEARS
WORKING AS SURVEYOR
OFFICE OF THE ASSISTANT DIRECTOR
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OF LAND RECORDS
BENGALURU NORTH ADDITIONAL TALUK
YELAHANKA
BENGALURU - 560 064
3. SRI.TOUFIQ AHMED SHARIFF G.H
S/O LATE U.HUSSAIN SHARIFF
AGED ABOUT 43 YEARS
WORKING AS SURVEYOR
OFFICE OF THE ASSISTANT DIRECTOR
OF LAND RECORDS
TIPTUR
TUMKUR - 572 201
4. SRI.M.S.ABHINANDAN KUMAR
S/O LATE M.SHANTHARAJ
AGED ABOUT 44 YEARS
WORKING AS SURVEY SUPERVISOR
OFFICE OF THE ASSISTANT DIRECTOR
OF LAND RECORDS
BENGALURU NORTH ADDITIONAL TALUK
YELAHANKA, BENGALURU - 560 064
5. SRI.DEVARAJU
S/O LATE MARAIAH
AGED ABOUT 46 YEARS
WORKING AS SURVEY SUPERINTENDENT
(EXECUTIVE)
OFFICE OF THE ASSISTANT DIRECTOR
OF LAND RECORDS
BENGALURU NORTH ADDITIONAL TALUK
YELAHANKA, BENGALURU - 560 064
6. SRI.KRISHNAPPA H N
S/O LATE NINGAPPA
AGED ABOUT 49 YEARS
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WORKING AS SUPERVISOR
OFFICE OF THE DEPUTY DIRECTOR
OF LAND RECORDS
KANDAYA BHAVAN, K.G.ROAD
BENGALURU - 560 009
7. SRI.C.N.GIRISH
S/O SRI.NARAYANA GOWDA
AGED ABOUT 43 YEARS
WORKING AS SURVEYOR
OFFICE OF THE ASSISTANT DIRECTOR
OF LAND RECORDS
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT - 561 207
...PETITIONERS
(BY SRI. M.S.BHAGWAT, ADVOCATE)
AND:
STATE BY HALASURGATE POLICE STATION
REPRESENTED BY STATION HOUSE OFFICER
BENGALURU - 560 002
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
...RESPONDENT
(BY SRI.MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONERS PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONERS ON
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BAIL IN THE EVENT OF THEIR ARREST IN
CR.NO.184/2021 OF HALASURGATE POLICE STATION,
BENGALURU FOR THE OFFENCE P/U/S 466, 34, 409,
420, 471 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Criminal Petition No.7965/2021 is filed by the petitioner - accused No.1 and Criminal Petition No.7968/2021 is filed by the petitioners, who are sought to be included as accused Nos.4, 7, 8, 6 and 5 respectively in the FIR, under Section 438 of Cr.P.C., for granting anticipatory bail in Crime No.184/2021 registered by the Halasurgate Police Station, Bengaluru, for the offence punishable under Sections 466, 409, 420, 471 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
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3. The case of the prosecution is that on the complaint of one E.Prakash, who is the Regional Joint Director of Land Records, filed a complaint to the police on 22.09.2021 alleging that on the application of one Subbamma and Krishnappa, the Government has allotted 6 acres of land in Sy. No.55 in their names. The accused persons, who are said to be the Deputy Director of Land Records (DDLR), instead of giving 6 acres of land to Subbamma and Krishnappa, they gave 13 acres 36 guntas of land by creating false documents, which is more than the land allotted in their names and thereby, caused about 50 crores loss to the Government. The petitioners have moved bail petitions before the Sessions Judge, which came to be rejected. Hence, the petitioners are before this Court.
4. Learned counsel for the petitioners contended that the Co-ordinate Bench of this Court in 7 W.P.No.17822/2021 and W.P.No.17984/2021 has stayed the FIR as well as the direction issued by the Commissioner of Land Survey Settlement directing the Deputy Director of Land Records (DDLR) to file complaint against the petitioners, which were produced as per Annexures L, L1, M and N. Learned counsel further submits that the FIR has been registered by the police based upon the complaint and the direction issued by the Commissioner of Land Survey Settlement, which have been stayed by the Co-ordinate Bench of this Court.
5. Learned HCGP submits that when the Court has already stayed the further investigation and the complaint, there is nothing remain for apprehension of their arrest at the hands of police.
6. Submissions of both counsel is placed on records.
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7. When the very same FIR has been stayed by the Co-ordinate Bench of this Court by exercising power under Sections 226 and 227 of the Constitution of India, I am of the view that the apprehension of arrest of the petitioners at the hands of police does not arise. At present, invoking the provision of Section 438 of Cr.P.C for granting anticipatory bail is not sustainable in the eye of law.
Therefore, both petitions are dismissed. However, liberty is granted to the petitioners to move for bail application, subject to final out come of the W.P.No.17822/2021 and W.P.No.17984/2021.
SD/-
JUDGE NBM