This petition is filed by the petitioners-accused

Nos.1, 2 and 4 under Section 438 of Cr.P.C., for

granting anticipatory bail in Crime No.221/2022

registered by Yelahanka New Town Police station,

Bengaluru, for the offences punishable under Sections

427, 506, 504, 419, 420, 447, 465, 468, 471 read

with 34 of IPC.

2.

Heard the arguments of learned counsel for

petitioners and learned HCGP for respondent-State.

3. The case of the prosecution is that on

complaint of one Gajendra Reddy filed complaint on

21.07.2022 where he has stated that he has

3

purchased the site from one Ganesh on 10.03.1999

from one Nagaratna/accused No.4 through GPA holder

Ganesh, the son of accused No.4 and he was in

possession. On 21.6.2022 he came to know that the

accused person came in JCB and demolished the

house and the vehicle and caused loss of Rs.10 lakhs

and created documents claiming the right over the

property. After registering the case the police are

trying to arrest the petitioners. Their bail petition

came to be rejected by the Sessions Judge, hence

they are before this Court.

4. Upon hearing the arguments and perusal of

the records, which reveals of course accused persons

said to be claiming right over the property through

sale deed executed by accused No.2/Lavanya and the

said Lavanya is said to have purchased the property

from accused No.4/Nagaratna who is also stated to be

an erstwhile owner of the property through the

complainant.

The

matter

requires

detailed

4

investigation by the police. The complainant also claim

the property over the sale deed and the matter

requires detailed investigation. However by looking to

the facts and circumstances of the case, though the

offence is non bailable, the same is not punishable

either with death or imprisonment of life. The offence

is triable by the Magistrate. Therefore, if the

petitioners are granted bail, no prejudice would be

caused to the case of the prosecution. Hence, the

following;

ORDER

Accordingly, this petition is allowed.

The respondent – Police are directed to release

the petitioners-accused Nos.1, 2 and 4 on bail in the

event of their arrest in Crime No.221/2022 registered

by Yelahanka New Town Police station, Bengaluru, for

the offences punishable under Sections 427, 506, 504,

5

419, 420, 447, 465, 468, 471 read with 34 of IPC,

subject to the following conditions:

(i)

Petitioners shall execute a personal

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

Two Lakhs only), each with two sureties

for the likesum to the satisfaction of

the Investigating Officer;

(ii)

Petitioners shall surrender before the

Investigating Officer within fifteen days

from the date of receipt of a certified

copy of this order;

(iii)

Petitioners

shall

not

directly

or

indirectly tamper with any of the

prosecution witnesses;

(iv)

Petitioner shall not indulge in any

similar offences;

(v)

Petitioners shall be deemed custody for

the purpose of any recovery under

Section 27 of the Indian Evidence Act,

1872 and also for getting specimen

6

signature for obtaining Hand writing

expert's opinion ;

(vi)

Petitioners shall mark their attendance

before

the

Investigating

Officer

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

every Monday for a period of two

months or till filing of charge-sheet

whichever is earlier.

If any of the above conditions are violated, the

prosecution is at liberty to seek cancellation of this

bail order.

Sd/-

JUDGE

AKV