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2022 Supreme(Online)(Kar) 59496
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JUNE 2022
BEFORE
THE HON9BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.100972/2021
C/W CRIMINAL PETITION NOs.100970/2021,
100971/2021 AND 100973/2021
IN CRL. P. NO.100972/2021:
BETWEEN:
GANGARAMSINGH S/O. LATE NARASINGBANU
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE & ADVOCATE,
R/O. HATCHOLLI VILLAGE,
TQ. SIRUGUPPA, BALLARI DISTRICT 3 583121.
.. PETITIONER
(BY SRI.S. G. KADADAKATTI, ADV. AND
SRI. LINGESH V. KATTIMATI, ADV.)
AND:
1.
N. MAHABALESHWARAPPA
S/O. RAJASHEKHARAPPA
AGED ABOUT 60 YEARS,
OCC: MANAGING DIRECTOR,
R.S.S.S.N. HATCHOLLI,
R/O. SIRUGUPPA,
BALLARI DISTRICT 3 583121.
2.
THE STATE OF KARNATAKA
BY P.S.I.,
SIRAGUPPA POLICE STATION,
BALLARI DISTRICT,
REPRESENTED BY
2
ADDL. STATE PUBLIC PROSECUTOR,
DHARWAD HIGH COURT BUILDING.
.. RESPONDENTS
(BY SRI. GANGADHAR J.M., ADV FOR R1;
SMT. GIRIJA S. HIREMATH, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF
CR.P.C. SEEKING TO CALL FOR THE RECORDS IN CRIME NO.216/2020
AND QUASH THE ORDER DATED 07.01.2021 PASSED BY THE II
ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
BALLARI
IN
CRL.MISC.NO.687/2020 PUNISHABLE UNDER SECTION 149, 419, 420,
467, 471, 465, 468, 447 OF IPC BY CANCELLING THE ANTICIPATORY
BAIL GRANTING IN FAVOUR OF RESPONDENT NO.1 BY ALLOWING THIS
PETITION.
IN CRL. P. NO.100970/2021:
BETWEEN:
GANGARAMSINGH S/O. LATE NARASINGBANU
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE & ADVOCATE,
R/O. HATCHOLLI VILLAGE,
TQ. SIRUGUPPA, BALLARI DISTRICT 3 583121.
.. PETITIONER
(BY SRI.S. G. KADADAKATTI, ADV. AND
SRI. LINGESH V. KATTIMATI, ADV.)
AND:
1.
P.M. CHANDRASHARAIAH
S/O. LATE MAHANTAIAH
AGED ABOUT 70 YEARS,
EX.M.L.A.,
R/O. SADASHIVA NAGAR,
SIRUGUPPA TALUKA,
BALLARI DIST 3 583121.
2.
H. K. MALLIKARJUNAIAH
S/O. LATE H.K. DUNDAIAH
AGED ABOUT 67 YEARS,
ADVOCATE,
R/O. BEHIND SUGAR FACTORY COLONY,
3
SIRUGUPPA TALUKA,
BALLARI DIST 3 583121.
3.
DR. SIDDABASAPPA
S/O. LATE KALYANAPPA
AGED ABOUT 63 YEARS,
RTD. PROFESSOR,
R/O. NEAR MININ VIDHANASOUDHA,
KALABURGI-585102.
4.
SUDHEER S/O. ASHOK BINGE
AGED ABOUT 35 YEARS,
OCC: AGRICULTURE,
R/O. MALLIKARJUNA NAGAR,
VIJAYAPUR-586101.
5.
C. A. BALANKAR
S/O. AMBAJI RAO,
AGED ABOUT 65 YEARS,
RTD, DY. S.P.,
R/O. MALLIKARJUNA NAGAR,
VIJAYAPUR-586101.
6.
SMT. DILSHAD
W/O. K.M. YUSUF SAB,
AGED ABOUT 58 YEAR,
OCC: HOUSEWIFE,
R/O. CHITRADURGA-577501.
7.
K.M. YUSUF SAB
S/O. KHAJI HUSSAIN,
AGED ABOUT 66 YEARS,
RTD., POLICE OFFICER,
R/O. CHITRADURGA 3 577501.
8.
BASAVARAJ AVANTHI
S/O. VEERAPPA,
AGED ABOUT 63 YEARS,
RTD., POLICE OFFICER,
R/O. KOTTUR,
BALLARI DIST-583121.
9.
M. CHANNA BASAVANNA GOUDA
4
S/O. M. VIRUPAKSHA GOUDA
AGED ABOUT 62 YEARS,
OCC: AGRICULTURIST,
R/O. HATCHOLLI VILLAGE,
SIRUGUPPA TALUKA,
BALLARI DIST 3 583121.
10.
THE STATE OF KARNATAKA
BY P.S.I.,
SIRAGUPPA POLICE STATION,
BALLARI DISTRICT,
REPRESENTED BY,
ADDL. STATE PUBLIC PROSECUTOR,
DHARWAD HIGH COURT BUILDING.
.. RESPONDENTS
(BY SRI. GANGADHAR J.M., ADV FOR R1 TO 9;
SMT. GIRIJA S. HIREMATH, HCGP FOR R10)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF
CR.P.C. SEEKING TO CALL FOR THE RECORDS IN CRIME NO.216/2020
AND SET ASIDE THE ORDER DATED 07.01.2021 PASSED BY THE II
ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
BALLARI
IN
CRL.MISC.NO.654/2020 PUNISHABLE UNDER SECTION 149, 419, 420,
467, 471, 465, 468, 447 OF IPC BY CANCELLING THE ANTICIPATORY
BAIL TO RESPONDENT NO.1 TO 9 BY ALLOWING THIS PETITION.
IN CRL. P. NO.100971/2021:
BETWEEN:
GANGARAMSINGH S/O. LATE NARASINGBANU
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE & ADVOCATE,
R/O. HATCHOLLI VILLAGE,
TQ. SIRUGUPPA, BALLARI DISTRICT 3 583121.
.. PETITIONER
(BY SRI.S. G. KADADAKATTI, ADV. AND
SRI. LINGESH V. KATTIMATI, ADV.)
AND:
1.
SIDDAIAH H.K.
5
S/O. MAHANTAIAH,
AGE: 57 YEARS,
OCC: AGRICULTURIST,
R/O. HATCHOLLI VILLAGE,
SIRUGUPPA TALUKA,
BALLARI DIST 3 583121.
2.
SATISH BABU
S/O. RAMA RAO,
AGE: 50 YEARS,
OCC: PART TIME LECTURER,
R/O. SADASHIV NAGAR,
SIRUGUPPA TALUKA,
BALLARI DIST 3 583121.
3.
MADANKUMAR D.
S/O. RAMA RAO,
AGE: 68 YEARS,
OCC: AGRICULTURIST,
R/O. SADASHIV NAGAR,
SIRAGUPPA,
DIST: BALLARI 3 583121.
4.
BASAVARAJ JULIKATTI S.
S/O. SHIVALLINGAPPA JULIKATTI,
AGE: 38 YEARS,
R/O. BEHIND SRIRAMULU HOUSE,
SIRAGUPPA ROAD,
DIST: BALLARI 3 583121.
5.
THE STATE OF KARNATAKA
BY P.S.I.,
SIRAGUPPA POLICE STATION,
BALLARI DISTRICT,
REPRESENTED BY,
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD 3 590011.
.. RESPONDENTS
(BY SRI. NEELENDRA D. GUNDE, ADV FOR R2 to R4
SMT. GIRIJA S. HIREMATH, HCGP FOR R5;
R1 - SERVED)
6
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF
CR.P.C. SEEKING TO CALL FOR THE RECORDS IN CRIME NO.216/2020
AND SET ASIDE THE ORDER DATED 07.01.2021 PASSED BY THE II
ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
BALLARI
IN
CRL.MISC.NO.658/2020 PUNISHABLE UNDER SECTION 149, 419, 420,
467, 471, 465, 468, 447 OF IPC BY CANCELLING THE ANTICIPATORY
BAIL TO RESPONDENT NO.1 TO 4 BY ALLOWING THIS PETITION.
IN CRL. P. NO.100973/2021:
BETWEEN:
GANGARAMSINGH S/O. LATE NARASINGBANU
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE & ADVOCATE,
R/O. HATCHOLLI VILLAGE,
TQ. SIRUGUPPA, BALLARI DISTRICT 3 583121.
.. PETITIONER
(BY SRI.S. G. KADADAKATTI, ADV. AND
SRI. LINGESH V. KATTIMATI, ADV.)
AND:
1.
TIPPANNA MALLAPPA BANASODE
S/O. MALLAPPA BANASODE
AGE: 45 YEARS, OCC: MANAGER PCORD BANK,
(PLD BANK),
SIRAGUPPA BRANCH,
R/O. SIRAGUPPA,
BALLARI DISTRICT.
2.
THE STATE OF KARNATAKA
BY P.S.I.,
SIRAGUPPA POLICE STATION,
BALLARI DISTRICT BY,
ADDL. STATE PUBLIC PROSECUTOR,
DHARWAD HIGH COURT BUILDING.
.. RESPONDENTS
(BY SRI. GANGADHAR J.M., ADV,
SRI. PRAVEEN P. TARIKAR, ADV. AND
SRI. SHARANABASAVARAJ C., ADV FOR R1)
SMT. GIRIJA S. HIREMATH, HCGP FOR R2)
7
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF
CR.P.C. SEEKING TO CALL FOR THE RECORDS IN CRIME NO.216/2020
AND SET ASIDE THE ORDER DATED 07.01.2021 PASSED BY THE II
ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
BALLARI
IN
CRL.MISC.NO.671/2020 PUNISHABLE UNDER SECTION 149, 419, 420,
467, 471, 465, 468, 447 OF IPC BY ALLOWING THIS PETITION.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
Criminal
Petition
Nos.100972/2021,
100970/2021,
100971/2021
and
100973/2021
are
filed
by
the
petitioner/complainant under Section 439(2) of the Code of
Criminal Procedure, 1973 (hereinafter referred to as 8Cr.P.C.9 for
brevity)
for
cancellation
of
anticipatory
bail
granted
to
respondents/accused Nos.1, 2, 3, 5, 6, 7, 10 to 12 and 16 to 21 by
the learned Sessions Judge i.e. learned II Additional District and
Sessions Judge, Ballari in Crime No.216/2020 registered by the
Siraguppa police for the offences under Sections 419, 420, 467,
468, 447, 471 and 465 read with Section 149 of the Indian Penal
Code, 1860 (hereinafter referred to as 8IPC9 for brevity).
2.
Heard the arguments of the learned counsel for the
petitioner, the learned counsel for the respondents/accused as well
8
as
the
learned
High
Court
Government
Pleader
for
the
respondent/State.
3.
The case of the prosecution is that, on the complaint of
one Sri. Gangaram Singh, the police registered a case on
10.11.2020 alleging that the accused persons are stated to be not
the owners of the land but have also created the documents in the
name of the poor farmers and they mortgaged the property and
already obtained loan of Rs.60,00,000/- and odd from PLD bank.
Under the guise of irrigation project, they have laid the pipelines for
lifting water without obtaining permission from the departments like
irrigation department or from the BESCOM for drawing the
electricity and thereby created the documents and cheated the
public. Hence, prayed for taking action against the respondents.
After registering the case, the accused persons, by filing separate
petitions, approached the learned Sessions Judge for granting
anticipatory bail. After calling for objection by the learned public
prosecutor, the learned Sessions Judge allowed the petitions by
granting anticipatory bail. Being aggrieved by the same, the
9
complainant has filed these petition for cancellation of the
anticipatory bail granted by the learned Sessions Judge.
4.
Learned counsel for the petitioner has vehemently
contended that the accused have created documents in the name of
the farmers but have purchased and mortgaged the same to the
bank and they have already obtained loan of Rs.60,00,000/- from
the bank. They have laid pipelines and are lifting water without
obtaining permission from the Water Resource Department and are
drawing the electricity connection without obtaining permission
from the Electricity Board. The learned Sessions Judge, without
considering all these aspects, has granted anticipatory bail to the
respondents/accused, which is not correct. The reason given by the
learned Sessions Judge is nothing but perverse and liable to be set
aside. The respondents are required for custodial interrogation as
they have not only used the property of the complainant for laying
the pipeline but also used others lands without obtaining permission
from any of the public departments and therefore, they shall be
sent to judicial custody till completion of investigation. Hence,
10
prayed for allowing the petition by canceling the bail granted to the
respondents.
5.
Per contra, learned High Court Government Pleader
contended that the accused persons all together formed union
about 21 years back for the purpose of lifting water for supply to
the poor farmers and they all formed a firm and obtained loan of
Rs.66,00,000/- thereafter they lifted the water and utilizing water
for irrigation purpose. The complainant is also the beneficiary of
the lifted water by the accused persons. The complaint is filed
after 21 years of the incident. Even the entire loan amount has
been refunded as on 30.10.2008 itself and a certificate is also
issued by the banker and with an ulterior motive and to harass, the
complainant has filed these petitions. Even otherwise, the learned
Sessions Judge has considered all these aspects at the time of
granting anticipatory bail by giving findings in the order. Hence,
there is no necessity
