MURALI B.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The de facto complainant in Crime No.268/2022 of Doddaballapura Rural Police Station, Bengaluru Rural district has preferred this petition under Sec. 439 (2) of Cr.P.C. to set aside and cancel the order dtd. 17/11/2022 passed by the IV Additional District and Sessions Judge, Doddaballapura, in Crl.Misc.No.10211/2022 granting bail to respondent No.2 and consequently to direct the police to arrest him and commit to prison.

(2.) I have heard the learned Senior Counsel appearing for the petitioner and respondent No.2 and the learned High Court Government Pleader appearing for the State. Perused the material on record.

(3.) The brief facts of the case as averred in the petition are that the complainant's father deceased M. Shankaregowda and his elder brother Thotadappa are the owners of land bearing Sy.No.53/5 to an extent of 2 acres, situated in Bachahalli village, Tubagere Hobli, Doddaballapur Taluk, Bengaluru Rural District. About 25 years back, deceased Shankaregowda was intending to avail loan from the bank. At that time, his distant relative one Jayarame Gowda i.e., father-in-law of respondent No.2, promised him to give loan provided he gives security of his land. A sum of Rs.20,000.00 was advanced as loan by fraudulently taking his signature on a stamp paper and thereafter registered the land in his name. The loan amount with interest was rounded off to Rs.60,000.00 and a sum of Rs.40,000.00 was cleared, for which an agreement was executed by Jayarame Gowda stating that on repayment of balance amount of Rs.20,000.00, a resale deed will be executed and to this effect agreement was executed, drafted by respondent No.2. Thereafter, the entire balance amount was paid with interest to Jayarame Gowda, but the land was not registered in their name as agreed. Further, respondent No.2 and his father-in-law Jayarame Gowda colluded with the police and trespassed into the land and thrown out Shankaregowda and Thotadappa from their farm house and land and also got registered a false FIR against deceased Shankaregowda and others in Crime No.189/2016 for the offence punishable under Ss. 427, 506, 504, 447 read with Sec. 34 of IPC and got arrested them and later they were released on bail by an order dtd. 15/5/2017. In the said case, charge sheet was filed against Shankaregowda, Thotadappa and their sisters.