Karnataka High Court
P. K.Achuthanand vs The State By on 25 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:35055
CRL.P No. 8380 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8380 OF 2023
BETWEEN:
SRI P K ACHUTHANAND,
AGED ABOUT 46 YEARS,
S/O. LATE P. R. KRISHNAMURTHY,
RESIDING AT NO. 2,
SERPENTINE ROAD,
KUMARA PARK WEST,
BANGALORE - 560 020,
AADHAAR NO. 8319638113.
...PETITIONER
(BY SRI HARIPRASAD M. B., ADVOCATE)
AND:
THE STATE BY:
YESHWANTHPURA POLICE STATION,
REPRESENTED BY:
THE STATE PUBLIC PROSECUTOR,
Digitally
signed by HIGH COURT BUILDING,
PRAMILA G V
Location: AMBEDKAR VEEDHI,
HIGH COURT
OF BANGALORE - 560 001.
KARNATAKA
...RESPONDENT
(BY SMT N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.213/2023 OF YESHWANTHAPURA P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 506, 504, 120B,
420, 467, 468, 354 R/W 34 OF IPC ON THE FILE OF THE XXIV
A.C.M.M.
THIS PETITION COMING ON FOR ORDERS THIS DAY THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:35055
CRL.P No. 8380 of 2023
ORDER
Accused No.1 in Crime No.213/2023, registered by Yeshwanthpura Police Station, Bengaluru City arising out of PCR No.5456/2023 on the file of XXIV Additional Chief Metropolitan Magistrate Court, Bangalore for the offences punishable under Sections 506, 504, 120B, 420, 467, 468, 354 read with Section 34 of Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent.
3. Complainant Dhananjay H.S., had filed PCR No.5456/2023, on the file of XXIV Additional Chief Metropolitan Magistrate Court Court, Bangalore for the offences punishable under Sections 506, 504, 120B, 420, 467, 468, 354, 471 read with Section 34 of IPC against the petitioner and two others which was referred to the jurisdictional Police under Section 156(3) of Cr.P.C., by the learned Magistrate based on which -3- NC: 2023:KHC:35055 CRL.P No. 8380 of 2023 FIR in Crime No.213/2023 was registered by Yeshwanthpur Police Station, Bengaluru city against the petitioner and two others for the aforesaid offences.
4. Apprehending arrest, the petitioner had filed Criminal Miscellaneous No.7544/2023 which was dismissed by the XLV Additional City Civil & Sessions Judge, Bengaluru, vide order dated 23.08.2023. It is under these circumstances, the petitioner is before this Court.
5. The learned counsel for the petitioner reiterated the grounds urged in the petition and submits that the sale deed in respect of the property for which amount has been paid by the complainant is already registered. The dispute between the parties is civil in nature and accordingly prayed to allow the petition.
6. Per contra, learned High Court Government Pleader seriously opposes the bail petition.
7. In the private complaint, it is averred that on 19.06.2019, the complainant had purchased a house property bearing No.39/29 situated in I main, K.S.Layout, -4- NC: 2023:KHC:35055 CRL.P No. 8380 of 2023 Yeshwanthpur, Bengaluru city which originally belonged to accused Nos.2 and 3. Accused No.1 is allegedly the agreement holder of the said property. As per the complaint averments, the accused persons had represented to the complainant that accused Nos.2 and 3 had borrowed certain loan on the property and they were not in a position to repay the said loan amount and for the purpose of clearing the loan amount they were intending to sell the property and from the proceeds of sale transaction the loan amount would be cleared. Accordingly, the complainant had agreed to purchase the property and had paid a sum of Rs.66,00,000/- as the sale consideration in respect of the property which is the subject matter of sale deed dated 19.06.2019. According to the complainant there were certain tenants in the said building, but the said tenants had not vacated the property till date. He also states that the tenants who are in occupation of the property which he has purchased have paid a sum of Rs.27,00,000/- to the owners. And this aspect of the matter was suppressed by the accused Nos.1 to
3. Undisputedly the sale deed has been executed in the name of the complainant in respect of the property in which there were certain tenants and the said sale deed is dated -5- NC: 2023:KHC:35055 CRL.P No. 8380 of 2023 19.06.2019. Complaint is filed before the jurisdictional Magistrate on 08.05.2023. From the perusal of the complaint averments, it is seen that the dispute between the parties prima facie appears to be civil in nature. The offences alleged as against the accused person are neither punishable with death nor with life imprisonment. Alleged offences are triable by the Court of Magistrate.
8. Under these circumstances, I am of the view that, the prayer of the petitioner for grant of anticipatory bail has to be answered in affirmative. Hence, the following:
ORDER Criminal petition is allowed.
The respondent - police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.213/2023 registered by Yeshwanthpur Police Station, Bengaluru City for the offences punishable under Sections 506, 504, 120B, 420, 467, 468, 354 read with Section 34 of IPC, subject to the following conditions: -6-
NC: 2023:KHC:35055 CRL.P No. 8380 of 2023
1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future;
SD/-
JUDGE GVP