(1.) This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.136/2021 registered by the Chikkajala Police Station, Devanahalli, for the offences punishable under Ss. 419, 420, 465, 468, 471of IPC.
(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
(3.) The factual matrix of the case of the prosecution is that this petitioner who had been arraigned as accused No.1 had indulged in creation of documents in order to make wrongful gain along with accused Nos.2 and 3 claiming that accused Nos.2 and 3 are the original owners of the property bearing Sy.No.3, new No.3/253, to the extent of 2 acres 30 guntas of the land at Navarathna Agrahara, Jala hobli, Yelahanka taluk, Bengaluru North. The allegation in the complaint that the complainant had stated that his mother had purchased this property on 4/5/1981 and thereafter, she was in possession of the same and in view of the order passed in LRF (INA) 246/80-81, 243/80- 81, 242/80-81, 369/81-82, 379/81-82, the very said property was re-granted in favour of the mother of the complainant. The mother of the complainant passed away in the year 2015 and regarding entries pertaining to the year 2011 to 2014 in RTC, the matter was pending with the Special Deputy Commissioner and after the death of the mother, the khatha was not transferred in favour of any other persons. It is also alleged in the complaint that on 28/10/2021, some unknown persons were moving around the said property and suspecting the same, enquired and came to know that there was a sale agreement in favour of M/s.Blue jay Enterprises Private Limited and when the said fact came to know to the knowledge of his brothers and sisters had been to the office of the Sub-Registrar, Malleshwaram, Bengaluru on 11/11/2021 and came to know that this petitioner, even though the mother of the complainant was passed away in the year 2015, indulged in creation of the documents and created fictitious persons i.e., one Akkayamma and also in the name of the complainant, a sale agreement was executed in favour of M/s.Blue jay Enterprises Private Limited on 24/10/2019 and hence the complaint was lodged stating that the petitioner as well as other accused persons have collected the amount of Rs.3,50,00,000.00 from the prospective purchaser. Hence, requested to take action against the persons who have indulged in creation of the documents and made an attempt to make wrongful gain i.e., against this petitioner and also the other two fictitious persons i.e., Akkayamma and Anjanappa. Based on the complaint, the case was registered on 15/11/2021 in Cr.No.136/2021 of Chikkajala Police Station, Devanahalli.