LLOYD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.81/2018 of Dharwad sub-urban Police Station registered for the offences punishable under Sections 143, 147, 448, 504, 354, 307, 427, 109 and 323 read with Section 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that a complaint came to be filed by one Smt. Kallawa Pujar, wife of Ramayya Pujar against the petitioner and others alleging that she is residing along with her relatives at Kelgeri-Dharwad and she owns land bearing Block No.89/1B measuring 1 acre 14 guntas at Kelageri and the said property belongs to herself and children of her brothers namely Kallanagouda, Basannagouda and Shankargouda. Accused No.1 had contacted the complainant on 05.02.2011 intending to purchase the said property for Rs.11,00,000/- and paid Rs.4,00,000/- as advance and agreed to pay the remaining amount at the time of execution of the sale deed. However, on the same day itself, the petitioner and another got the sale deed executed in the Sub- Registrar Office, Dharwad, by deceiving the complainant. The complainant has filed a suit in O.S. No.221/2017 before the Civil Court, Dharwad. The said matter came to be compromised before Lok Adalat. However, agreed amount was not paid. It is further alleged that when the amount was demanded, accused No.1 along with others assaulted the complainant and her family members on 24.01.2017. Hence, a complaint came to be filed in Crime No.242/2017 against the petitioner and others. During the pendency of the said suit, the petitioner along with accused No.1 got constructed a Church in the said site without permission of the Corporation. Even though there was an interim order, the property was sold to accused No.3. The petitioner and others were regularly harassing the complainant for withdrawing the suit. It is further alleged that on 09.07.2018, accused No.1 along with others entered the house of the complainant and dragged her and assaulted her and thereafter tied her hands and left her in the well and with the help of JCB, demolished her house. Accordingly, a complaint came to be filed which is registered in Crime No.81/2018 for the offences punishable under Sections 143, 147, 448, 504, 354, 307, 427, 109 and 323 read with Section 149 of IPC. The name of the petitioner has been shown as accused No.2 in the FIR. The petitioner filed petition seeking anticipatory bail in Crl.Misc. No.867/2019 and the same came to be rejected by the learned Principal Sessions Judge, Dharwad. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.