Case Summary: The Allegations and the Plea

This article analyzes a significant decision by the LXV Addl. City Civil & Sessions Judge, Bengaluru, on June 20, 2022, regarding a petition for anticipatory bail.

The petitioner, Sri. A.M. Hanumanthegowda, had an First Information Report (FIR) registered against him by the Sheshadripuram Police Station for multiple serious offences related to a property dispute. The petitioner sought anticipatory bail (protection from arrest) under Section 438 of the Code of Criminal Procedure (Cr.P.C.).

The Charges Against the Petitioner

The police registered a case (Crime No. 85/2022) against the petitioner under the following sections of the Indian Penal Code (IPC):

• Section 427: Mischief causing damage (of property).
• Section 448: House-trespass.
• Section 420: Cheating and dishonestly inducing delivery of property.
• Section 384: Extortion.
• Section 504: Intentional insult with intent to provoke breach of peace.
• Section 506: Criminal intimidation.
• Section 34: Acts done by several persons in furtherance of common intention.

The Background: A Decade-Old Property Sale

The core of the dispute revolves around a property transaction that took place in 2012:

The Complainant’s Version of Facts

The complainant, Smt. V.A. Devaki, alleged that:

1. She purchased a site (No. 2191/4, 5th Block, Sir M. Vishveshwaraiah Layout, Bengaluru) from the petitioner through a registered sale deed in 2012.
2. The khatha (revenue record/property ownership document) for the site was transferred to her name.
3. The petitioner had handed over a constructed shed on the site, and the complainant was in possession of the property, running a business (a restaurant, which closed due to COVID-19).
4. In the last week of May 2022, the petitioner and others allegedly called her to the BDA office. There, they demanded ₹1,00,00,000 (One Crore Rupees), threatening to file a civil suit and deprive her of her property rights if she refused to pay.
5. They used filthy language, threatened her life, and had previously (in April 2022) damaged the lock of the shed and illegally interfered with her possession.

The Petitioner’s Defense

The petitioner, A.M. Hanumanthegowda, contested the allegations on several grounds:

1. He denied demanding ₹1,00,00,000 for the property he sold a decade ago.
2. He denied filing any suit, interfering with her possession, or breaking the lock.
3. He claimed he was being falsely implicated at the instance of a political rival, the BDA Chairman Sri S.R. Vishwanath, to prevent him from contesting the upcoming Karnataka Vidhanasabha Assembly election.
4. He pointed out that he had already been granted anticipatory bail in a separate case (Crime No. 29/2022) which he also claimed was politically motivated.
5. He committed to cooperating with the investigation and abiding by any conditions imposed by the Court.

🚨 Court’s Analysis: Poking Holes in the Prosecution’s Case

The Court meticulously examined the facts and arguments, focusing on key discrepancies in the timing and location of the alleged crimes:

Discrepancy in Police Jurisdiction

The Court noted a significant issue concerning which police station had jurisdiction:

• The major offence of trespassing and damaging property occurred in April 2022 at the site in Sir M. Vishveshwaraiah Layout, which falls under the Jnanabharathi Police Station limits.
• The complainant, however, waited until June 12, 2022, to file the complaint at the Sheshadripuram Police Station, whose jurisdiction covers the BDA Office.
• The Court observed that the complainant appeared to have mentioned the alleged threat and extortion at the BDA office in May 2022 specifically to bring the case under the jurisdiction of the Sheshadripuram Police Station, suggesting a possible malafide intention.

Suspicious Timing of Police Notice

The Court found a highly unusual fact regarding the police action:

• The Police issued a notice to the petitioner on June 11, 2022.
• The formal complaint (FIR) was only lodged by the complainant on June 12, 2022.

The Court’s Finding: This chronology indicated that the police issued a notice without having formally received the complaint, suggesting a “malafide intention” in the police action itself.

Nature of the Offences

The Court also observed that the offences alleged against the petitioner are not punishable with imprisonment for life or death.

The Verdict: Anticipatory Bail Granted

After considering all the facts, the Court ruled in favor of the petitioner, answering Point No. 1 (sufficiency of grounds) in the Affirmative.

Court’s Reasoning

1. Possession is with the Complainant: The revenue records (khatha) and the physical possession of the property have been with the complainant since the 2012 sale, as acknowledged in the complaint itself.
2. Discrepancy in Jurisdiction: The attempt to shift the jurisdiction to the Sheshadripuram Police Station, combined with the suspicious timing of the police notice, raised serious doubts about the complainant’s motives and the police’s actions.
3. Apprehension is Curable: The prosecution’s main fear—that the petitioner might abscond or threaten witnesses—could be satisfied by imposing stringent conditions on the bail.

Conditions for Bail

The Court allowed the petition and directed the Sheshadripuram Police to release the petitioner on bail in the event of his arrest (Anticipatory Bail) upon the execution of a:

• Personal Bond for ₹1,00,000/- (One Lakh Rupees).
• One Surety for the like sum.

The bail was subject to the following strict conditions:

1. The petitioner must appear before the court on all hearing dates.
2. The petitioner must appear before the Investigating Officer (I.O.) whenever called for investigation.
3. The petitioner must not tamper with the evidence or threaten, induce, or allure the prosecution witnesses.
4. The petitioner must not involve himself in any criminal activity.

In summary, the Court found the timing and location of the complaint suspicious, concluding that the petitioner was entitled to the protection of anticipatory bail while the investigation proceeded.