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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.4457 OF 2021

BETWEEN:

MR. M. MAHESH,

S/O. LATE M. MAADHU,

AGED ABOUT 60 YEARS,

AT NO.91/1B, 4^TH CROSS,

RAJENDRA NAGAR, MYSURU-570 007.

... PETITIONER

[BY SRI. ROOPESHA B., ADVOCATE]

AND:

STATE BY SHO,

MYSURU SOUTH POLICE STATION,

REP. BY STATE PUBLIC PROSECUTOR,

BANGALORE-560 001.

... RESPONDENT

[BY SRI. VINAYAKA V.S., HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HIS ARREST IN CRIME NO.318/2018 OF MYSORE SOUTH

P.S, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420,

468, 471 R/W 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY THE COURT

MADE THE FOLLOWING:

ORDER

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

petitioner/accused No.1 seeking anticipatory bail in Crime

No.318/2018 of Mysore South Police Station, Mysuru for offence

punishable under Sections 420, 468, 471 read with Section 34 of

IPC.

2.

Heard the learned counsel for petitioner and learned

HCGP for respondent-State.

3.

The complaint is lodged by one Aasma Hazeera

alleging that she being a member of Sri. Jayachamarajendra

Housing Cooperative Society, purchased Site No.55, measuring

50ft.x80ft. for a consideration of Rs.1,60,000/-. Thereafter, the

Society executed a registered sale deed on 26.02.2000 in her

favour and sale deed was signed by the Secretary of the Society

i.e., petitioner herein. She became the owner in possession of

the said property. It is alleged that the petitioner namely the

Secretary of the Cooperative Society has executed a forged Sale

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deed in respect of the same site in favour of one Sri. Julfikar

Ahamed knowing fully well that the complainant is the owner of

the property and thereby committed the aforesaid offences.

4.

It is the contention of the learned counsel for the

petitioner that at the time of executing the lease-cum-sale

agreement in favour of the complainant on 26.02.2020, there

was a condition that the allottee should construct the house

within ten years from the date of execution of the agreement or

else the lease will be terminated. Since the complainant has not

fulfilled all the requirements of lease-cum-sale agreement, the

Society has cancelled the same and allotted the site to another

member. He submits that the petitioner is innocent and a false

case has been registered against him. He submits that the

petitioner is a respectable person having deep roots in the

society and he is ready to abide by any conditions that may be

imposed by this court.

5.

Learned HCGP has opposed grant of bail to the

petitioner contending that the investigation is still in progress.

Petitioner has intentionally cheated the complainant by executing

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a registered sale deed in respect of a site which was allotted to

the complainant. He submits that in the event of grant of relief to

the petitioner, he may not cooperate with the investigation.

Accordingly, seeks to reject the petition.

6.

It is the contention of the learned counsel for the

petitioner that at the time of executing the lease-cum-sale

agreement, there was a condition that the allottee should

construct the house within ten years from the date of execution

of the said lease-cum-sale agreement and since the complainant

did not fulfill the said condition, the site was allotted to another

member of the Society. It is not in dispute that Site No.55

measuring 50 ft. x 80 ft. was allotted to the complainant by

virtue of a registered sale deed dated 26.02.2000 by the Society.

It is alleged that the same site has been registered in favour of

one Sri. Julfikar Ahamed by the Society vide registered sale deed

dated 03.05.2018. In the complaint, it is not stated that the

compla