The LX Additional City Civil and Sessions Court in Bengaluru has granted anticipatory bail to 60-year-old Purushottam Reddy, the primary accused in a criminal case involving allegations of forgery, cheating, and a complex real estate dispute. The order, delivered by Judge Sri Narashimsa M.V. on January 23, 2023, emphasizes the civil nature of the conflict and the health condition of the petitioner, who has been diagnosed with schizophrenia.

The case, registered as Crime No. 281/2022 by the Channammanakere Achukattu Police, originated from a complaint filed by M. Ramu, a builder and proprietor of M/s R R Enterprises. The dispute centers on a Joint Development Agreement (JDA) for a residential project named Roshan Platinum Apartment, located in Arakere Village.

The Allegations: Forgery and Financial Misconduct

According to the prosecution, the builder (complainant) and the landowners (Purushottam Reddy and others) had entered into a JDA in 2013 with a profit-sharing ratio of 62% for the developer and 38% for the landowners. While the project was completed in 2018, it ran into legal hurdles regarding the occupancy certificate from the BBMP.

The criminal complaint was triggered by an agreement to sell dated April 4, 2017, concerning Flat No. 314. The complainant alleged that Purushottam Reddy and other accused persons forged his signature on this agreement to facilitate a sale to third parties for over Rs 70 lakhs. It was further alleged that these purchasers used the purportedly forged document to secure a bank loan of Rs 1.08 crore. The matter escalated when the RERA authority ordered the developer and landowners to pay Rs 37.80 lakh as interest for delayed possession to the buyers.

Defense Highlights Health Issues and Civil Backdrop

The legal counsel representing Purushottam Reddy, Sri Anand Muttalli, argued that the petitioner is a victim of circumstances rather than a perpetrator. The defense contended that Flat No. 314 had been gifted by the petitioner to other family members, and he had no role or financial interest in its subsequent sale.

A significant portion of the defense was dedicated to the petitioner’s health. Medical records from NIMHANS and Cadabam’s Hospital were produced to show that the 60-year-old suffers from schizophrenia and various physical ailments. The defense argued that the complainant was attempting to criminalize a civil dispute to avoid the financial penalties imposed by the RERA authority. They further stated that a senior citizen with such severe mental health issues should not be subjected to the humiliation of arrest, especially when the case relies entirely on documents already available with the authorities.

The Prosecution’s Opposition

The Public Prosecutor strongly opposed the bail application, reiterating the seriousness of the forgery allegations. The state argued that the accused had caused significant financial loss to the builder and that granting bail would allow the petitioner to abscond, threaten witnesses, or tamper with the ongoing investigation. The police requested the court to reject the application to ensure a thorough custodial interrogation.

Judicial Reasoning: Civil Texture and Medical Compassion

After reviewing the Joint Development Agreement, the Partition Deed, and the RERA orders, Judge Narashimsa M.V. observed that the entire transaction appeared to be civil in nature. The court noted that there was a significant delay in filing the police complaint, as the builder had knowledge of the alleged forgery in February 2022 but only lodged the FIR in November 2022.

The court remarked that a “criminal texture” should not be given to a litigation that is primarily a civil disagreement over property rights and RERA implementation. Furthermore, the court found that since the contested documents are already in the possession of the RERA authority and the bank, there is no risk of the accused destroying evidence.

Crucially, the court took a compassionate view of the petitioner’s medical history. Taking into account the diagnosis of schizophrenia and the fact that the alleged offenses are not punishable by death or life imprisonment, the court determined that Purushottam Reddy was entitled to protection from arrest.

Final Order and Conditions

The court allowed the anticipatory bail application for Purushottam Reddy (Accused No. 1) subject to several conditions:

• The petitioner must execute a personal bond of Rs 50,000 with one surety.
• He is strictly prohibited from tampering with prosecution witnesses or hindering the investigation.
• He must attend all hearings before the learned Magistrate without fail.
• He is not permitted to leave the jurisdiction of the Trial Court without prior permission from the court.

This ruling provides significant relief to the senior citizen while ensuring that the legal process regarding the alleged forgery continues through the appropriate judicial channels.