Alleged Land Fraud: Sessions Court Orders Pre-Arrest Bail for Three Accused in Case Involving Binnypete Nivasigala Seva Sangha and BDA Allotments
In a recent judicial development, the LVI Additional City Civil & Sessions Judge, Bengaluru (CCH 57), presided over by Sri. T. Govindaiah, allowed the petition for anticipatory bail filed by three individuals—Dayanand Swamy, Eeranayya @ Hiranaiah, and Prakash J.—who are facing charges related to criminal breach of trust, cheating, and forgery concerning land allotments meant for former Binny Mill employees. The order, passed on August 29, 2023, in Criminal Miscellaneous Petition No. 8021/2023, provides the petitioners with protection from arrest, subject to stringent conditions.
The Genesis of the Complaint
The petitioners, Dayanand Swamy (aged 56), Eeranayya @ Hiranaiah (aged 68), and Prakash J. (aged 56), are named in an FIR (Crime No. 57/2023) registered by the Subramanyapura Police Station following a private complaint (PCR No. 10290/2022). The charges leveled against them are serious, including offenses under Sections 506 (Criminal intimidation), 406 (Criminal breach of trust), 420 (Cheating), 468 (Forgery for purpose of cheating), 471 (Using as genuine a forged document), and 405 (Criminal breach of trust) of the Indian Penal Code (IPC).
The core of the dispute revolves around land allotments linked to the erstwhile Binny Woollen Cotton and Silk Mill in Bengaluru. Historically, the mill provided residential quarters for its employees. Due to the mill’s decline around 1980, an association named Binnypete Nivasigala Seva Sangha was formed to safeguard the interests of the residents.
Allegations of Cheating and Illegal Land Sale
The complaint alleges that the Bengaluru Development Authority (BDA) and the Urban Development Body had introduced schemes for bulk allotment of sites to associations like the Binnypete Nivasigala Seva Sangha for distribution among its members, who were former mill employees. The Sangha reportedly began collecting a sum of Rs. 10,000/- from members for the sites, including offering installment schemes. The complainant’s father-in-law, a former mill employee and resident of the quarters for approximately 45 years, had paid Rs. 4,500/- to the Sangha, for which a receipt was issued.
The petition states a pivotal change in the Sangha’s management. As the original, older members of the Sangha passed away, their sons—the present petitioners—took over the association. The petitioners allegedly re-registered the old Sangha and managed to get significant land allotments from the BDA in 2018. Specifically, they were allotted 1 acre 34.22 guntas and 0.25.85 guntas in Survey Nos. 54, 53/2, 53/1A, and 53/1B at Vasanthapura Village.
The central allegation is that the petitioners failed to allot the sites to the legitimate members of the Sangha, including the complainant’s father-in-law’s family, and instead illegally sold the sites to other persons, thereby cheating the original beneficiaries. When the members confronted the petitioners about this alleged fraud, the petitioners reportedly threatened them with dire consequences, which led to the filing of the private complaint and subsequent police investigation.
Court’s Rationale for Granting Bail
The petitioners, represented by Sri. A. Ramachdra, Advocate, sought anticipatory bail on the grounds of innocence and false implication. They emphasized their status as permanent, law-abiding residents with no bad antecedents, arguing that the underlying dispute was essentially civil in nature. The prosecution, however, opposed the petition, citing the prima facie disclosure of the petitioners’ involvement and expressing apprehension that they might abscond, tamper with evidence, or threaten witnesses if released.
The Court, after hearing both sides, noted that while the offenses are non-bailable, they are not punishable with death or imprisonment for life and are triable by a Court of Magistrate. This distinction is a key factor often considered in bail applications. The Judge acknowledged the petitioners’ claim of innocence and their commitment to abide by conditions.
The Court ultimately concluded that there were reasonable and sufficient grounds to grant anticipatory bail. The Judge stated that the apprehension of the prosecution could be mitigated by imposing stringent conditions on the petitioners, thereby allowing the petition and answering Point No. 1 in the Affirmative.
Conditions of Release
The Court ordered the release of Dayanand Swamy, Eeranayya @ Hiranaiah, and Prakash J. on anticipatory bail in the event of their arrest in Crime No. 57/2023. The bail is subject to the following key conditions:
- Each petitioner must execute a personal bond for Rs. 1,00,000/- with two sureties for the like sum.
- The petitioners must appear before the IV Addl. Chief Metropolitan Magistrate, Bengaluru, and execute the personal bond and furnish surety within 15 days from the date of the order.
- They must co-operate with the Investigating Officer (IO) and appear as and when called for.
- They must appear before the court regularly.
- They are strictly prohibited from directly or indirectly making any inducement, threat, or promise to any person acquainted with the facts of the case or tampering with the evidence.
- They shall not get involved in any criminal activities.
- They must furnish their residential address proof and shall not leave the jurisdiction without prior permission.
The Court explicitly cautioned that any violation of these conditions would automatically lead to the cancellation of the bail. The order ensures that while the petitioners are protected from pre-trial detention, the investigating agency retains the power to question and examine them, and the judicial process is protected from interference.
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