VIJAYAKUMAR Vs. S SHANKAR RAO

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-state.

(2.) The factual matrix of the case is that on the strength of written complaint filed by one Mr. Shantilal S/o: Hastimal, the police have registered the case in Crime No.94/2013 at the first instance against five accused persons for the offence punishable under Sections 419, 420, 468, 471 r/w 149 of IPC. The allegation made in the complaint is that the informant has succeeded to the land left by his father. His father Hastimal S/o: Joharaj @ Joharmal was the owner of land bearing RS.No.1311/B paiki 04A-97C and he was in possession and enjoyment of it till his death on 22.10.1976. The informant has succeeded to the same after the death of his father. Smt. Halamma W/o: Madrahalli Hanumantappa, R/o: Sokke Village in Jagaluru Taluka of Davanagere District has created a sale agreement on 10.07.2009 as if the father of the informant has executed the sale agreement and Mr.F Tipusab and Hanumantappa have put their signatures as attesters. It is contended that at the direction of Tahsildar, the survey department conducted the survey and prepared map on 02.09.2009 and the accused have forged and created signature of the deceased Hastimal as if he was present during survey. Mr. M.T.Nagaraj, Surveyor has prepared mahazar showing that late Hastimal has put his signature and the mahazar is signed by Hanumantappa, Hanumantappa, K.Mugappa.

(3.) The learned counsel for the petitioner has contended that petitioner is apprehending arrest since he has been arrayed as accused subsequently. When the case was registered he was not arrayed as accused. After the investigation the police have filed the charge sheet against the petitioner. The said offences are non liable and the punishment prescribed is not capital punishment and now he is working at Kampli Taluka and no question of tampering with the witnesses. Since the charge sheet has been filed and he is ready to obey the conditions that may be imposed by this Court.