ANAND KUMAR @ ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner - -accused No. 1 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent - -police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 419, 420, 464 and 468 r/w. Section 34 of IPC registered by the respondent - -police in Crime No. 39/2014. The brief facts of the prosecution case that one Srinivas S/o. Late Mariyappa of Chatrakodihallil village lodged a complaint dated 24 -01 -2014 alleging that the land bearing Sy. No. 65/7B measuring to an extent of 1 acre, 22 guntas situated at Beglibenajenahalli village, Kasaba Hobli, Kolar Taluk, belongs to one Ramappa S/o. Munibyrappa who is none other than the uncle of the complainant and the said land has fallen to the share of the complainant. The petitioner has created forged documents and has got registered sale deed on 05 -10 -2012 from one Ramappa S/o. Munibyrappa of Arahalli village and for which one M. Srinivas S/o. Byrappa and R. Kishor S/o. Ramakrishnappa has been witnessed. It is also alleged that even though Ramappa has died long back, he has been impersonated by bringing some other person and the witnesses to the sale deed have nothing to do with this act. The complainant requested the police to take action against the culprits. On the basis of the said complaint, case has been registered against the petitioner who is arraigned as accused No. 1 and other accused persons for the alleged offences.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner - -accused No. 1 and also learned High Court Government Pleader for the respondent - -State.

(3.) AS against this, learned Government Pleader during the course of his argument submitted that though Ramappa, the uncle of the complainant expired, the present petitioner with the help of some other persons by impersonating the said Ramappa created the forged documents and obtained the sale deed as if it is executed by the said Ramappa in his favour. Hence, learned Government Pleader made the submission that it is a serious offence of impersonating a person and obtaining the sale deed by creating forged documents. Hence, he submitted that matter is still under investigation, petitioner is absconding and not at all available to the Investigating Officer for interrogation and hence, petitioner is not entitled to be granted with anticipatory bail.