This petition is filed under Section 438 of Cr.P.C. praying

this Court to enlarge the petitioner on bail in the event of his

arrest

in

respect

of

Crime

No.12/2022

registered

by

Seshadripuram Police Station, Bengaluru City, for the offence

punishable under Sections 120B, 465, 466, 468, 471, 472, 409

and 420 read with Section 149 of IPC.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that the BDA had invited the application for conducting e-auction

for sale of the sites through e-notification and this petitioner and

other accused persons, who are employed in BDA indulged in

creation of the document and the document was registered in

respect of site No.1189/1 and this petitioner is the beneficiary of

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the said site and hence, caused loss to the BDA. Based on the

complaint, the police have registered the case and invoked the

offence under Sections 120B, 465, 466, 468, 471, 472, 409 and

420 read with Section 149 of IPC.

4.

The learned counsel for the petitioner submits that in

total 35 cases are registered making similar allegations. In

other crimes, the other accused persons are enlarged on bail and

the allegation against this petitioner is that he is the beneficiary,

but he was not having any knowledge about the forgery and

creation of the documents. As an applicant, he had filed an

application and sale deed has been registered and whether he

had indulged in conspiracy with accused persons, the matter has

to be probed and this petitioner is ready to cooperate with the

Investigating Officer.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State submits that this

petitioner along with outsourced employees of the BDA,

conspired with each other and created the documents and made

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an attempt to knock off the property of the BDA and he being

the beneficiary is not entitled for bail.

6.

Having heard the respective counsel and also on

perusal of the material available on record, e-notification was

issued for conducting the auction of the sites belonging to the

BDA and this petitioner applied for allotment of the site by way

of auction. No doubt, he is the beneficiary and whether he had

indulged along with other accused persons in conspiring with

each other to knock off the property of the BDA, the matter has

to be probed. Having taken note of the allegations, this Court

can exercise the powers under Section 438 of Cr.P.C. In similar

cases, this Court granted bail in other crime, which are similar in

nature and this Court can direct the petitioner to appear before

the Investigating Officer and cooperate for investigation.

7.

In view of the discussions made above, I pass the

following:

ORDER

The petition is allowed. Consequently, the petitioner shall

be released on bail in the event of his arrest in connection with

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Crime No.12/2022 registered by Seshadripuram Police Station,

Bengaluru City, for the offence punishable under Sections 120B,

465, 466, 468, 471, 472, 409 and 420 read with Section 149 of

IPC, subject to the following conditions:

(i)

The petitioner shall surrender himself before

the Investigating Officer within ten days from

the date of receipt of a certified copy of this

order and shall execute a personal bond for a

sum of Rs.2,00,000/- (Rupees Two Lakhs only)

with two sureties for the like-sum to the

satisfaction of the concerned Investigating

Officer.

(ii)

The petitioner shall not indulge in hampering

the investigation or tampering the prosecution

witnesses.

(iii)

The

petitioner

shall

co-operate

with

the

Investigating

Officer

to

complete

the

investigation and he shall appear before the

Investigating Officer, as and when called for.

(iv)

The petitioner shall not leave the jurisdiction of

the

Investigating

Officer

without

prior

permission till the charge-sheet is filed or for a

period of three months, whichever is earlier.

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(v)

The petit