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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.3171/2021

BETWEEN:

RAMU,

S/O PERIANNAN,

65 YEARS,

RESIDING AT NO.275,

BABU SAB PALYA, ACCUSED NO.1,

BENGALURU - 560 043.

..PETITIONER

(BY SRI.SHAHTAJ, ADVOCATE)

AND:

STATE BY BENGALURU POLICE STATION,

REPRESENTED BY STATE

PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BANGALORE - 560 001.

..RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 438 OF CR.P.C. BY THE ADVOCATE FOR THE

PETITIONER PRAYING THAT THIS HONBLE COURT MAY

BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN

THE EVENT OF HIS ARREST IN CR.NO.34/2019 OF

BAGALUR P.S., BENGALURU CITY FOR THE OFFENCE

P/U/S 120B, 403, 463, 464, 465, 470, 471, 420, 419,

477A R/W 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR

ORDERS, THIS DAY THROUGH VIDEO CONFERENCING,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by petitioner/accused No.1

under Section 438 of Cr.P.C. for granting anticipatory

bail in Crime No.34/2019 registered by Bagalur Police,

Bangalore for the offences punishable under Sections

120B, 403, 463, 464, 465, 470, 471, 420, 419, 477A

read with Section 34 of Indian Penal Code.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State.

3.

The case of the prosecution is that one

Habibur Rahman Mundol filed a compliant to Bagalur

police on 13.3.2019 alleging that he is the permanent

resident of Kerala and has been working at Dubai and

he came to Bangalore and purchased the property in

Sy.No.16 measuring 8.5 guntas situated at Kannur

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Village, Bidarahalli Hobli, Bangalore South Taluk (now

Bangalore East Taluk) and later came to know that the

petitioner/accused No.1 obtained sale deed from

accused No.2 and by fabricating documents, accused

No.2 himself impersonated as this petitioner by

executing Agreement of Sale and General Power of

Attorney on 3.11.2017 in the name of the complainant.

A cash of Rs.45 lakhs was paid as sale consideration

amount to his vendor. The sale deed was executed by

impersonation, thereby the petitioner/accused No.1

committed offence. After registering the case, police

are making hectic efforts to arrest the petitioner since

he is absconding. He approached the Sessions Court

for grant of bail which came to be rejected. Hence, he

is before this Court.

4.

Learned counsel for the petitioner contended

that the petitioner is innocent of the alleged offences,

the complainant has already filed a civil suit for

declaration before the Civil Court in O.S.No.378/2018

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which is pending. The petitioner appeared as a

defendant and is yet to file Written Statement. The

investigation is still pending and he is ready to abide by

any conditions imposed by this Hon9ble Court. Hence,

prayed for grant of anticipatory bail.

5.

Per contra, the learned HCGP seriously

objected the bail petition mainly on the ground that the

petitioner is habitual offender. He is also involved in

two more cases of the same police station in Crime

Nos.44/2019 and 42/2020 which reveals that he is

habitual offender in creating false documents and

selling the property of the innocent people and in

respect of the same, learned HCGP has produced the

case dairy records obtained from the police. Hence,

prayed for dismissal of bail petition.

6.

The learned counsel for the petitioner

contended that the petitioner was granted bail in

another case, a false case has been created against the

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petitioner, he is ready to abide by any conditions

imposed by this Hon9ble Court. He is aged about 72

years and is suffering from disease.

7.

Upon hearing the arguments of learned

counsel for the petitioner and the learned HCGP and on

perusal of the records, it shows that of course the age

of the petitioner is 65 years and no document i