SHARADABAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this petition under section 438 of Code of Criminal Procedure seeking grant of anticipatory bail in Crime No.20/2020 of Yadgiri Town Police Station for the offences punishable under Sections 409 , 420 , 465 , 468 , 471 of Indian Penal Code.

(2.) The contention of the petitioners is that, one Varadendra S/o Hanamantachar resident of Annor (K) has lodged a complaint on 14-02-2020 stating that, the agriculture land bearing Survey No.31 measuring 11 acre and 17 guntas was standing in the name of his father. His father died on 17-01-2004 and the property was standing in his name till 2018. The said land was cultivated by one Shivappa and after death of said Shivappa his son by name Basavaraj was cultivating the said land.

(3.) The petitioners have contended that, they are innocent and have been falsely implicated in the aforesaid crime. The petitioner No.1 has purchased the property by paying consideration amount and the seller himself has collected the document. The death certificate was issued on 24-06-2019 i.e. after registration of the sale deed which itself creates a doubt. In fact, the person who has sold it is not made as an accused. The other two petitioners are only witnesses they are innocent and not committed any offence. On the other hand, the offences alleged are not punishable with death or imprisonment for life. There is a delay in filing the complaint. The petitioners are ready to furnish surety to the satisfaction of the Court. With these grounds the petitioners have prayed to enlarge them on anticipatory bail.