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

this Court to enlarge the petitioners on bail in the event of their

arrest in respect of Crime No.46/2022 registered by HSR Layout

Police Station, Bengaluru, for the offences punishable under

Sections 417, 419, 420, 468, 471 read with 34 of IPC.

2.

Heard the learned counsel for the petitioners 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 complainant Smt. V.Bharathi had purchased the

property from one Shankar Reddy in site No.724/2021, khatha

No.151 and present BBMP Municipal No.151/724/21, through

sale deed dated 20.05.1991. The complainant gifted the

property in favour of her husband on 27.04.2019. The allegation

against these petitioners is that the petitioners and their son

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Madhukeerthy, all of them joined together and created the GPA

dated 07.06.2009 and also created the sale deed dated

05.06.2017 and created gift deed on 24.08.2017 based on the

forged GPA and committed the fraud on the complainant.

4.

The learned counsel for the petitioners would submit

that the petitioners have not indulged in any such acts. The

learned counsel submits that the complainant is the elder sister

of petitioner No.1 and she has sold the property in favour of

petitioner No.2 in terms of the registered sale agreement on

02.12.2004 and also executed the GPA in favour of petitioner

No.1. The same was not registered at that time and

subsequently based on the GPA executed earlier in 2004, the

documents were registered on 05.06.2017. The learned counsel

submits that from the date of execution of the sale agreement

and also GPA, petitioner No.1 along with her husband is in

possession of the property from 2004 till date. The learned

counsel submits that these petitioners left the country in 2019 in

the early hours of 23.04.2019 and these petitioners were not

present on the date of presentation of the alleged gift deed

dated 24.04.2019 and also produced the documents to show

that they left the country on 23.04.2019 itself. When the

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petitioners returned to the country, they came to know through

the tenants that the documents are created and hence gave the

complaint

to

the

concerned

police

on

02.03.2021

and

endorsement was given. Once again the complaint was given on

09.02.2022 and endorsement was given stating that it is a civil

dispute. One more complaint was given on 12.02.2022 to the

Assistant

Commissioner

of

Police

and

to

the

Deputy

Commissioner of Police on 14.02.2022 and so also to the

Commissioner of Police on 14.02.2022 and no action was taken.

The learned counsel submits that all the complaints are sent

through registered post and private complaint was filed. When

the complaint was given by the complainant on 11.03.2022, the

same has been registered and hence the petitioners are before

this Court. The learned counsel submits that it is a civil dispute

between the parties and the endorsement was given by the

police when the complaint was registered by the complainant

and no action was taken when the complaint was given by

petitioner No.1 and hence the petitioners may be enlarged on

bail and the petitioners are ready to cooperate with the

investigation.

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5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit that an

allegation is made against these two petitioners that the

petitioners along with their son have indulged in creation of

documents of GPA and on the strength of the said GPA, sale

deed was created and also created gift deed with an intention to

knock off the property of the complainant.

6.

Having heard the respective learned counsel and also

on perusal of the material available on record, particularly taking

note of the contents of the complaint, an allegation is made with

regard to creation of sale deed and GPA. The learned counsel

for the petitioners also places on record several documents

before the Co