BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCHн67)
DATED: This the 30th day of August, 2023
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 7985 of 2023
Petitioners :
1. Bharathi.B.R.
W/o Sri.Lawrence K,
Aged about 48 years,
R/at No.151,
Arogyadhama Nilaya,
3rd Cross, Near St.Anthony Church,
KR Puram, Bengaluru 560 036.
2. Prasad Kumar.T.
S/o Sri.Thyagaraj,
Aged about 40 years,
R/at No.1068, Ground Floor,
Majeed Road, Vijinapura,
Kothur, Dooravani Nagar,
Bengaluru 560 016.
(By Sri.Prakash T Hebbar, Adv.)
/Vs/
Respondent :
State by:
Sampigehalli Police Station,
Bengaluru.
(By Public Prosecutor.)

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Crl.Misc.No.7985/2023
ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioners/accused filed bail petition under Section
438 Cr.P.C seeking anticipatory bail in the event of their
arrest in Cr.No.269/2023 for the offences punishable
under Sections 463, 464, 465, 468, 470, 471, 419, 474,
420, 441, 447 and 120нB read with Section 34 of IPC
registered by the respondent pending on the file of 7 th
ACMM, Bengaluru.
2. The petitioners case in brief are as follows:
The petitioners are the lawful purchasers of the land
in question for valuable consideration.

The petitioners
verified the copies of the title documents and identity of the
seller through Aadhar card, and after spot inspection after
mutual agreement, purchased the property. There is no
allegations that the petitioners have forced, impersonated
and in conspiracy with other accused persons. The offence
alleged are not punishable with death or life imprisonment
triable by Magistrate. The petitioners are innocent of the
offences. They are apprehending arrest, the custodial
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Crl.Misc.No.7985/2023
interrogation is not required and prayed to allow the
petition.
3. The learned Public Prosecutor filed objections
along with report of IO contending that the petition is not
maintainable. The petitioners and other accused persons
by impersonating the complainant have purchased land in
Sy.No.110/3 re survey No.110/2011 measuring 1 Acre 21
guntas of Kogilu village dated 7.7.2023 and illegally
trespassed the property. The investigation is pending. The
documents are to be seized from the petitioners and prayed
to dismiss the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1:
Whether the petitioners
entitled for anticipatory bail ?

are
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
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Crl.Misc.No.7985/2023
following reasons.:
REASONS
7. Point No.1: The complainant Smt.Shashikala.N.
has filed a complaint on 1.8.2023 with the respondent
police agianst petitioners and 5 other persons, alleging that
she is the owner of agricultural land bearing Sy.No.110/3
resurvey No.110/2011 of Kogilu village, Yelahanka Hobli,
measuring 1 Acre 21 guntas acquired under the sale deed
dated 2.2.2006 The revenue records are standing in her
name. She is in possession and enjoyment of the same.
The accused persons with common intention have set up
impersonator
under
Aadhar
No.841338021072
and
executed sale deed dated 7.7.2023 in favour of petitioners.
One Hemavathi and Pradeep are alleged consenting
witnesses. The alleged seller have no right, interest in the
property. The Nagaraju and Ganesh identified the seller
and purchaser who are the fictitious persons have forged
and
fabricated
Rs.3,96,00,000/н.

sale
deed
for
sale
consideration
of
On the basis of said allegations, the
respondent police registered case against petitioners and 5
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Crl.Misc.No.7985/2023
other persons for the offences punishable under Sections
463, 464, 465, 468, 470, 471, 419, 474, 420, 441, 447 and
120нB read with Section 34 of IPC.
8. The learned counsel for petitioner has submitted
that the petitioners are the bonafide purchasers, they have
no knowledge about the impersonation.

The petitioners
have verified the copies of title documents and identified
the purchaser through Aadhar card produced. They are the
victims, they are entitled for anticipatory bail and relied
judgments;
1. (1980) 2 Supreme Court Cases 565
Sri.Gurubaksh Singh Sibbia and others Vs State of
Punjab.
2. (2011)1 Xupreme Court Cases 694 Siddharam
Satlingappa Mhetre Vs State of Maharashtra and
others.
3. (2020)5 Supreme Court Cases Sushila Aggarwal
and others Vs State (NCT) of Delhi and others.
4. Copy of the Order dated 16.9.2023 passed by
the Hon’ble High Court of Karnataka in Criminal
Petition No.10954/2022 Vijay Kumar Vs State by
Karnataka.
5. Copy of the Order dated 26.7.2019 passed by
the Hon’ble High Court of Karnataka in Criminal
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Crl.Misc.No.7985/2023
Petition
No.10229/2018
Vijay
Maheshwppa Vs State by Karnataka.

Harihara
6. Copy of the Order dated 18.10.2022 passed by
the Hon’ble High Court of Karnataka in Criminal
Petition No.102853/2022 Veena and others Vs
State by Karnataka.
7. Copy of the order dated 8.9.2022 passed by the
Hon’ble High Court of Karnataka in Criminal
Petition No.102347/2022 Mahadev Vs State by
Karnataka.
8. Copy of the order dated 10.1.2023 passed by
the Hon’ble High Court of Karnataka in Criminal
Petition No.102347/2022 Kuru Honnamma and
others Vs State by Karnataka.
9. The learned Public Prosecutor has opposed the
petition that the petitioners in conspiracy with other
accused persons knowing that accused No.1 is not the
owner impersonated the complainant and obtained sale
deed in the name of petitioners. The documents are to be
seized from the petitioners, their custodial interrogation is
required. The investigation is pending. If the petitioners are
granted bail, they may tamper the evidence and prayed for
dismissal.
10. The petitioners have produced the copy of sale
deed dated 7.7.2023, they allegedly purchased the land in
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Crl.Misc.No.7985/2023
question for Rs.3,96,00,000/н from one Shashikala aged
about 70 years with Aadhar No.841338021072 as if the
original
owner/complainant.

The
katha
was
also
transferred in the name of petitioners based on the
registered sale deed. According to petitioners they verified
the copies of title deeds furnished by the seller and
identified the purchaser through Aadhar card. Therefore, it
is requires to be investigated whether the petitioners with
knowledge, that the accused No.1 is not the owner, who is
the impersonator have allegedly sold the land or not. The
petitioners contended that they are the victims, paid huge
amount for purchase of land.

Thus, the allegations are
against accused No.1 and other accused persons.

The
accused
the
No.1
who
is
alleged
to
have
cheated
complainant by impersonating and executing the sale deed.
The petitioners are the purchasers from accused No.1. The
entire case of the prosecution is based on documents
available with the Sub Registrar and other authorities. The
offences alleged are not punishable with death or life
imprisonment. The petitioners have undertaken to co
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Crl.Misc.No.7985/2023
operate with the police in investigation and abide by the
terms and conditions. The petitioners are apprehending
arrest.

If
they
are
granted
anticipatory
bail,
the
apprehension of prosecution can be met by imposing
stringent conditions. The custodial interrogation of the
petitioners may not be required. Petitioner No.1 is a
woman. Considering the guidelines of HonТble Apex Court
in Satender Kumar Antil Vs CBI 2022 SCC OnLine SC
825 and facts and circumstances of the case, nature and
gravity of the offence and accusation levelled against the
petitioner,
they
are
entitled
for
anticipatory
bail.

Accordingly answer point in the affirmative.
11. POINT No.2:н In view of findings given on point
No.1, this Court pass the following order.

The
petition
ORDER
filed by the
petitioners/
accused Ц 1/Bharathi BR and 2/Prasad
Kumar.T.

under
Section
438
Cr.P.C.

is
allowed.
The petitioners are ordered to be released
on anticipatory bail in the event of their
arrest
in
Cr.No.269/2023
registered
by
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Crl.Misc.No.7985/2023
respondent under Sections Sections 463,
464, 465, 468, 470, 471, 419, 474, 420, 441,
447 and 120нB read with Section 34 of IPC
on
execution
of
personal
bond
for
Rs.50,000/н each with one surety for the like
sum to the satisfaction of the Investigation
Officer subject to following conditions.
1. The petitioners/accused Nos.1 and 2 shall
appear before the IO on or before 8.9.2023
and thereafter as and when called upon for
the purpose of investigation, thereafter they
shall mark their attendance before the IO
once in 15 days preferably on Sunday
between 10:00 a.m. to 5:00 p.m. till filing of
charge sheet.
2. The petitioners/accused shall not directly or
indirectly make any inducement, threat or
promise to any witness acquainted with the
facts of the case so as to dissuade him from
disclosing such facts to the Court or any
police officer.
3. The petitioners/accused shall regularly
appear before the concerned Court as and
when called for.
If any of the conditions are violated the
prosecution is at liberty to move for cancellation
of bail.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 30th day of August, 2023).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.7985/2023
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioners/
accused
Ц
1/Bharathi BR and 2/Prasad
Kumar.T. under Section 438
Cr.P.C. is allowed.
The petitioners are ordered
to be released on anticipatory
bail in the event of their arrest in
Cr.No.269/2023 registered by
respondent
under
Sections
Sections 463, 464, 465, 468,
470, 471, 419, 474, 420, 441,
447 and 120нB read with Section
34 of IPC on execution of
personal bond for Rs.50,000/н
each with one surety for the like
sum to the satisfaction of the
Investigation Officer subject to
following conditions.
1.
The
petitioners/accused
Nos.1 and 2 shall appear before
the IO on or before 8.9.2023 and
thereafter as and when called
upon for the purpose of
investigation, thereafter they
shall mark their attendance
before the IO once in 15 days
preferably on Sunday between
10:00 a.m. to 5:00 p.m. till filing
of charge sheet.

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Crl.Misc.No.7985/2023
2. The petitioners/accused shall
not directly or indirectly make
any inducement, threat or
promise
to
any
witness
acquainted with the facts of the
case so as to dissuade him from
disclosing such facts to the
Court or any police officer.
3. The petitioners/accused shall
regularly appear before the
concerned Court as and when
called for.
If any of the conditions are
violated the prosecution is at
liberty to move for cancellation
of bail.
LXVI Addl.CC & SJ,
Bangalore.

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