Crl.Misc.No.3096/2024 KABC010087372024 IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH 61) : Present : Sri Narashimsa.M.V., B.Com., LL.B., LX Addl. City Civil & Sessions Judge, Bengaluru. Dated: This the 10th day of April 2024. : Crl.Misc.No.3096/2024: PETITIONERS/ 1) Mr.Manjunath K.M., ACCUSED :- S/o. Mailarappa, Aged about 39 years, (A5) 2) Dhakshayini P., W/o. K.M.Manjunath, Aged about 36 years. (A6) (Both are r/at No.938, 1st Main Road, 6th “A” Cross, Kengeri Satellite Town, Bangalore-560 060.) (Rep by Sri. Beeresha H.,- Advocate) V/s RESPONDENT : The State of Karnataka By : Kengeri Police Station, Bengaluru. (Rep. by: Public Prosecutor) Crl.Misc.No.3096/2024

ORDER

Accused No.5 and 6 in Kengeri Police Station Crime No. 171/2024 have filed this application under Sec. 438 of Cr.P.C for anticipatory bail. They are alleged to have committed offence punishable u/S 120(B), 406, 420, 465, 467, 468, 471 r/w. 34 of IPC.

2. Brief facts of the case as forthcoming from first

information lodged by Smt. Suma Srinivas Achar are: The complainant is owner of property bearing Site No.5, BBMP Khatha No.5/5/5, measuring East to West: 72 feet and North to South 40 feet, totally measuring 2880 sq.ft. Situated at Ward No.159, Kengeri Upanagara, Kengeri Satellite town Extension, Bangalore South Taluk having acquired by virtue of Gift Deed dated.15.02.1984. Later upon information received from Santhosh the complainant has obtained E.C of her property and was shocked to see that name of Nagarathna was reflecting as owner and that she has already availed loan in Canara Bank, Sheshadripuram . When complainant went there, she was directed to go to Regional Manager, Basavanagudi, Bangalore of Canara Bank, wherein G.N.Krishna and Manjunath K.N. were also present and they stated that, one Kalyan Gowda has sold property to R.Manjunath on 13.06.2007. The said R.Manjunath has gifted the schedule property Crl.Misc.No.3096/2024 to Nagarathna on 28.12.2017. The accused persons have brainwashed the complainant and obtained sale agreement dated.12.08.2022 in favour of Dhakshayini P. in respect of schedule property.

3. The grounds urged in this petition are :

(a) Petitioners have been falsely implicated in the case. The petitioners are innocent of the alleged offences and having valid and tenable defence. The offence alleged against petitioners are non- bailable in nature, but not exclusively punishable with imprisonment for life or death. The complainant has given criminal colour to civil dispute and filed this FIR before respondent police. (b) The petitioners 1 and 2 are husband and wife, children and aged parents, who are entirely depending on income of petitioners. The petitioner No.2 is bonafide purchaser/ Agreement holder of property of complainant and complainant is the owner of property bearing Site No.5, BBMP Khatha No.5/5/, measuring East to West 72 feet and North to South : 40 feet, totally measuring 2880 Sq.ft, situated at Ward No.19, Kengeri Upanagara, Kengeri Satellite town Extension, Bangalore South Taluk had entered into an agreement to sale dated.26.08.2022 in favour of petitioner No.2 for a total sale consideration of Rs.2,50,00,000/-. Crl.Misc.No.3096/2024 ( c) On the date of sale agreement petitioner No.2 has paid advance amount of Rs.50,00,000/- to complainant. The complainant have acknowledged the receipt of same. Further as per complainant directions, the petitioner No.2 has paid further advance amount of Rs.50,00,000/- to complainant. The complainant has received a sum of Rs.1,00,00,000/- from petitioner No.2 as total advance sale consideration amount, later failed to execute the sale deed in favour of petitioner No.2, as such the petitioner No.2 has caused a legal notice dated.25.03.202 to complainant by way of RPAD at 15:00 hours and the complainant having came to know about the same, she has lodged false complaint before the respondent police against petitioners at about 20:30 hours. ( d) It is the complainant, who is trying to cheat petitioners and trying to escape and cheat petitioners by receiving huge amount from the petitioner No.2. Petitioners further submit that there is no involvement of petitioners in the alleged crime. There is no specific overt act made-out against petitioners in the above case. There is no prima-facie case made-out against petitioners. There is no ingredients in complaint disclosing the involvement of petitioners in the alleged crime. The petitioners are permanent resident of address given in cause title and they hail from respectable family having deep roots in society. The present petitioners submits that they are Crl.Misc.No.3096/2024 ready and willing to abide by any terms and conditions that may be imposed by this court and ready to furnish surety to the satisfaction of this court.

4. The Learned Public Prosecutor has filed detailed

objections to bail application along memo of instructions given by Investigating Officer. In objections the averments made in first information are reiterated. In memo of instructions given by investigating officer, investigation that has proceeded is narrated.

5. It is stated that accused are not entitled to be enlarged on

bail, if they are granted anticipatory bail, there is every possibility of they threatening witnesses and destructing the evidence collected against them. Hence, prayed for rejection of bail petition.

6. Heard the learned Advocate for petitioners and learned

Public Prosecutor.

7. The point that arise for consideration is :

Whether Anticipatory bail application filed by accused No.5 and 6 in Kengeri Police Station crime No. 171/2024 deserves to be allowed ?

8. My finding to the above point is in the affirmative for the

following :- Crl.Misc.No.3096/2024 R E A S O N S

9. POINT No.1:- Along with this bail application, certified

copy of FIR in Kengeri P.S. Crime No.171/2024, Copy of registered Agreement to sale dated.26.08.2022, Copy of Aadhar card of petitioner No.1 and 2 is filed. Petitioner No.1 is husband of petitioner No.2. The allegations in so far as petitioner No.1 and 2 is that Manjunath and G.N.Krishna insisted that the site should be sold to petitioner No.1, who is running real estate business under the name and style of M/s.Keerthi Infinity. It is alleged that though the agreed sale consideration was Rs.5,00,00,000/-. It is stated that market value of the property is more than Rs.7,00,00,000/-, but first informant was forced to agree for sale consideration of Rs.5,00,00,000/-, an agreement dated 12.08.2022 was entered into and thereafter another agreement dated.26.08.2022 was entered into, wherein fraudulently the sale consideration is shown as Rs.2,50,00,000/-.

10. Copy of registered agreement of sale dated.26.08.2022

is produced. It discloses that first informant is vendor, petitioner No.2 is purchaser. Said agreement is kept pending for technical issues. Crl.Misc.No.3096/2024

11. Perusal of the said agreement discloses that petitioner

No.2 accepts the title of first informant, accepts that first informant is owner of the property. In first information reference is made to agreement dated.12.08.2022 and 25.08.2022. It appears that there is a difference in respect of sale consideration amount between the two agreements.

12. Learned counsel for petitioners during the course of

arguments submitted that after 26.08.2022 in the month of April 2023 a sum of Rs.50,00,000/- has been paid by way of Bank transfers. Thus advance sale consideration of Rs.1,00,00,000/- has been paid by petitioners to first informant. Counsel further submitted that Smt.Nagarathna has filed a suit in O.S.No.8329/2022 for injunction. It is further submitted by counsel for petitioners that as the property, which is subject matter of agreement dated 26.08.2022 is entangled in litigation, along with advance sale consideration of Rs.1,00,00,000/- if nominal interest is refunded to petitioners, they would give up their right under agreement to sell. Prima-facie it appears that transaction in respect of an immovable property took place and the entire dispute is with regard to sale consideration amount. It is purely civil in nature. Crl.Misc.No.3096/2024

13. Husband of first informant has also signed as consenting

witness. The reason for which agreement to sell is kept pending is not at all stated in document. Be that as it may whether petitioners were involved in alleged conspiracy along with Manjunath, G.N.Krishna and Nagarathna is a matter to be decided after full-fledged trial. Considering the aspect that petitioners are not at all denying title of first informant, it is necessary to note that prior to filing of first information two agreements had taken place between petitioner and first informant. Thus this court is of the clear opinion that petitioners can be granted anticipatory bail. Further offence alleged against petitioners are not punishable with death or life imprisonment. Evidence against petitioners is based on documentary evidence, which cannot be destructed to any extent. Apprehension of prosecution can be meet by imposing conditions. Hence, I answer above point in the Affirmative and proceed to pass the following: . ORDER Anticipatory Bail application filed under Section 438 of Cr.P.C. by Petitioners/Accused No.5 and 6 are hereby allowed. Petitioners/A-5 and 6 shall be enlarged on bail in Crime No.171/2024 of Kengeri Police Station in the event of their arrest, subject to the following : Crl.Misc.No.3096/2024 CONDITIONS 1) Petitioners/accused No.5 and 6 shall execute personal bond for a sum of Rs 50,000/- each with one surety for the like-sum. 2) Petitioner/accused No. 5 and 6 shall not disturb the witness, threaten the witnesses, hamper the witness in any manner. 3) Petitioner/accused No. 5 and 6 shall appear before the investigating officer on or before 25.04.2024 and cooperate with investigation in all respects. 4) If any of the bail conditions are violated anticipatory bail stands canceled. (Dictated to the Stenographer Gr-II, transcribed and typed by him, after corrections, pronounced by me in Open Court on this the 10th day of April, 2024.) (NARASHIMSA.M.V.) LX Addl. City Civil & Sessions Judge, Bengaluru. Crl.Misc.No.3096/2024 ORDER PRONOUNCED IN THE OPEN COURT, VIDE SEPARATE ORDER

ORDER

Anticipatory Bail application filed under Section 438 of Cr.P.C. by Petitioners/Accused No.5 and 6 are hereby allowed. Petitioners/A-5 and 6 shall be enlarged on bail in Crime No.171/2024 of Kengeri Police Station in the event of their arrest, subject to the following : CONDITIONS 1) Petitioners/accused No.5 and 6 shall execute personal bond for a sum of Rs 50,000/- each with one surety for the like-sum. 2) Petitioner/accused No. 5 and 6 shall not disturb the witness, threaten the witnesses, hamper the witness in any manner. 3) Petitioner/accused No. 5 and 6 shall appear before the investigating officer on or before 25.04.2024 and cooperate with investigation in all respects. 4) If any of the bail conditions are violated anticipatory bail stands canceled. (NARASHIMSA.M.V.) LX Addl. City Civil & Sessions Judge, Bengaluru.