BHIMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioners- accused Nos.1 to 3 under Section 438 Cr.P.C. praying to release them on anticipatory bail in Crime No.202/2019 of Raibag Police Station for the offences punishable under Sections 417 , 418 , 420 , 423 , 465 , 504 , 506 r/w Section 34 of IPC.

(2.) The case of the prosecution is that one Rayappa Bheemappa Hirekodi has filed Private Complaint No.2/2019 before Prl. Civil Judge and JMFC., Raibag against petitioners-accused Nos.1 to 3 and another for the offences punishable under Section 417 , 418 , 420 , 423 , 465 , 504 , 506 r/w Section 34 of IPC. The said complaint came to be referred to Police for investigation. Police have registered the said complaint in Raibag Police Station Crime No.202/2019 on 19.11.2019 for the aforesaid offences. In the complaint it is alleged that complainant is permanent resident of Nidagundi and his land is situated within the village limits of Bommanal village in Raibag Taluka and accused are his bahubands (relatives). The complainant further alleges that the names of himself and one Bhima Shivageni Hirekodi, Bhairu Shivageni Hirekodi, Nagavva Shivageni Hirekodi, Siddavva Mallappa Kurbar and Manigeni Bhimappa Hirekodi were entered as joint owners in land R.S.No.7/2 measuring 1 acre 20 guntas situated at Bommanal village, Taluk Raibag and accused No.3 is no way concerned to the family of the complainant as well as to the above said land. The complainant and accused and others were in actual possession, wahiwat and enjoyment over the above said land and growing sugarcane crops. The accused Nos.1, 2 and 4 colluding with accused No.3 have played fraud, misrepresentation and cheating upon the complainant and have created a false, fabricated and illegal document styled as General Power of Attorney before Sri.D.M.Naik, Advocate and Notary, Raibag and accused No.3 not having any rights over the above said land colluded with each other and falsely shown the complainant is executing the GPA in favour of accused No.1. The accused No.1 to 4 have affixed the photo of accused No.3 on 5th page of GPA and accused No.3 signed on the photo of accused No.3 as RBH before Sri.D.M.Naik, Advocate and Notary, Raibag on 04.04.2018. The complainant also alleges that on the basis of bogus fabricated GPA the accused Nos.1 to 4 have appeared before Sub Registrar, Raibag and got executed sale deed in favour of one Shivappa Rama Konkani on 07.04.2018 wherein the accused No.1 has signed on registered sale deed as Ramappa Bhimappa Hirekodi who is present complainant. The accused Nos.1 to 4 have played fraud upon the Notary as well as before Sub Registrar, Raibag by hiding true facts. It is further alleged that in the month of April-2018, he came to the know about illegal acts of petitioners and immediately the complainant approached to the petitioners and asked them about the illegal acts made by them at that time the petitioners used un-parliamentary words against the complainant and also given him life threat, hence, the complainant approached jurisdictional Police at Raibag to lodge a complaint but the Police have told him to approach the Court as the matter of Civil nature. Therefore, the complainant has filed the private complaint under Section 200 of Cr.P.C. against the present petitioners before Prl. Civil Judge and JMFC, Raibag for the alleged offences punishable under sections 417 , 418 , 420 , 423 , 465 , 504 , 506 r/w Section 34 of IPC and the Court has referred the matter to Raibag Police and the Raibag Police have filed the FIR. The Investigating Officer is trying to arrest the petitioners and there is an apprehension of their arrest. The petitioners have filed petition seeking anticipatory bail in Crl. Misc. No.295/2020 before Principal Sessions Judge, Belagavi and the same came to be rejected vide order dated 09.03.2020. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioners-accused Nos.1 to 3 and also the learned HCGP for the respondent-State.