This petition is filed by the petitioner/accused

No.4 under Section 438 of Cr.P.C. for granting

anticipatory bail in Crime No.323/2022 registered

by Byadarahalli Police Station, Bengaluru for the

offences punishable under Sections 427, 34, 406,

420, 447, 448, 465, 468 and 471 of IPC.

2.

The case of the prosecution is that on

the complaint of Dr.P.Narayana Bhat, the Police

registered a case. It is alleged by him that he has

purchased a site bearing No.4 culled out of

Sy.No.39 of Andrahalli vilalge, Yeshwanthapura

Hobli, Bengaluru North Taluk on 08.02.1993 from

accused No.1 - Ankamma and he has constructed a

compound

and

he

is

paying

the

taxes.

Subsequently, on 02.07.2022, he came to know

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that his compound was demolished by somebody

and constructed a new compound wall. On enquiry,

he

came

to

know

that

this

petitioner

has

constructed the compound wall. On enquiry with

the Sub-Registrar office, he came to know that

accused Nos.3 and 4 colluded with accused No.2

got executed General Power of Attorney in favour of

Jayamma, who is said to be the mother-in-law of

the accused No.3 and accused No.3-Manjunath sold

the site to this petitioner for valuable consideration

by executing the sale deed on 27.11.2020. After

registering the case, the Police arrested accused

No.3 and he is said to be released on bail. Now the

Police are making hectic efforts to arrest the

petitioner and hence, the petitioner is before this

Court.

3.

Having heard the arguments of learned

counsel for the petitioner and the respondent and

on perusal of the records, admittedly, this petitioner

4

is said to be the purchaser of the property for

valuable consideration of Rs.38,00,000/- (Rupees

Thirty Eight Lakhs) from accused No.3-Manjunatha.

Accused No.3 is said to be arrested and is said to

have handed over the entire documents with this

petitioner. The complainant stated the General

Power of Attorney has been created by accused

No.3 in the name of accused No.2-Jayamma as

good as the General Power of Attorney executed by

Ankamma in favour of accused No.2 and based on

General Power of Attorney, sale deed was executed

by accused No.3 in favour of this petitioner.

4.

The

matter

requires

detailed

investigation as to whether this petitioner is a

bonafide purchaser or in collusion with accused

No.3, he has got this document without paying any

sale consideration has to be verified in the

investigation. The complainant is also said to have

filed an original suit in O.S.No.1625/2022 against

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this petitioner and others for declaration and

possession of the property in dispute.

5.

Considering the facts and circumstances

of the case, without expressing any opinion on the

merits of the case, if the petitioner is granted bail

by imposing certain conditions, no prejudice would

be caused to the case of the prosecution. Hence, I

pass the following order:

Order

(A)

The Criminal Petition is allowed.

(B)

The respondent – Police are directed to

release the petitioner-accused No.4 on bail in

the event of his arrest Crime No.323/2022

registered by the Byadarahalli Police Station

for the offences punishable under Sections

427, 34, 406, 420, 447, 448, 465, 468 and

471

of

IPC,

subject

to

the

following

conditions;

(i)

Petitioner shall execute a personal

bond for a sum of Rs.2,00,000/-

(Rupees Two Lakhs only) with two

sureties for the likesum to the

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satisfaction

of

the

Investigating

Officer;

(ii)

Petitioner shall surrender within 15

days from the date of receipt of

certified copy of this order;

(iii)

Petitioner shall not indulge in similar

offences strictly;

(iv)

Petitioner

shall

not

directly

or

indirectly tamper with any of the

prosecution witnesses;

(v)

Petitioner shall be deemed to be in

custody for the purpose of recovery

under Section 27 of the Indian

Evidence Act and also for getting

specimen

signature

for

getting

opinion of the expert.

(vi)

Petitioner shall appear before the

Investigating Officer and mark his

attendance

on

every

Monday

between 10.00 a.m. and 4.00 p.m.

for a period of two month