DEEPAK PEDNEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is one of the accused facing charge for offences punishable under Sections 465, 468, 471 and 420 of the Indian Penal Code in Crime No. 75/2012. He seeks grant of direction to release him in the event of arrest. The prosecution case is, based on the complaint of Rajkishore that he owns house bearing in Survey No. 8 Hissa 1 of Baad Village measuring 23 guntas, which is in Karwar Town. It was owned by Deepak Pandurang Karoor and four others. Complainant came to Karwar along with his brother - Girish and on enquiry from Village Accountant learnt that the property is allegedly sold by the petitioner in favour of Shravan Umesh Shirodkar - accused No. 2 under fabricated deed dated 09.06.2012 executed before a Notary Public by name S.R. Muscari in Mumbai, who is arraigned as accused No. 3. Thus, the allegation is that the petitioner No. 9 with others to create false document to sell the property in question.

(2.) The case rests on the documentary evidence and as could be seen, the complainant asserting that he has one share along with others in the property in question. The contention of the petitioner is dispute of the need civil in nature and no case is made out for prosecution.

(3.) The petitioner was right in pointing out that petitioner's role is not clearly spelled out and he has been brought as accomplice of the main accused.