BANASHANKAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned HCGP for the respondent - State. Perused the records.

(2.) It is alleged by the complainant that he is the resident of Raichur and has purchased the property bearing Sy.No.352/1 measuring 2 acres 10 guntas and Sy.No.352/2 measuring 2 acres being agricultural lands from one Sri Poti Narasanna S/o Sanna Thimmaiah and sons of Sanna Narasanna under registered sale deed dated 25.11.1982. The case of the prosecution is that on 18.02.1983 pursuant to acquisition of right and title under registered sale deed, complainant's name was duly mutated in the concerned revenue records. It is alleged in the complaint that on 17.02.2020 when the complainant obtained extract of RTC in respect of the lands mentioned above from the Tahsildar's office, the complainant was surprised and shocked to know that his name has been deleted and the name of K.Bhimashankar S/o Late Shanmukappa is shown. The further allegation in the complaint is that some unknown person claiming himself to be Rajendra Kumar by creating false documents and by committing forgery has executed registered sale deed for a consideration of Rs.23,40,000/- in favour of K.Bhimashankar S/o Late Shanmukappa, Raichur. The present petitioner who is arrayed as accused No.4 is one of the witness to the sale deed.

(3.) Learned counsel for the petitioner in support of this ground raised in the bail petition would urge this Court and submit that the allegations made in the complaint do not constitute any offence against accused No.4. He would submit to this Court that there are no overt acts alleged against accused No.4. He would submit to this Court that the allegation in the complaint is not with regard to the signatures found in the alleged documents. Hence, he would request this Court that petitioner is innocent and he is reasonably apprehending arrest and as such, the petitioner be released on bail.