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Judgment
H.N. Nagamohan Das
The complainant is the Land Acquisition Officer. For the benefit of Karnataka Industrial Area Development Board, certain lands are acquired including Sy. No. 33 of K.G. Srinivasapura grama, Nelamangala taluk measuring 3 acres 13 guntas. Petitioner claiming to be the owner of this land approached the complainant - Land Acquisition Officer for payment of compensation. By accepting the documents produced by the petitioner, the Land Acquisition Officer issued a cheque for a sum of Rs. 1,06,40,000/- in the name of petitioner. At that stage one Thimmaiah approached the Land Acquisition Officer interalia contending that there is a civil dispute in respect of the land in question in OS No. 12/2009 and that he is having a share in the land in question. In the circumstances the Land Acquisition Officer lodged a complaint with the jurisdictional police contending that the petitioner on false representation and by suppressing the facts obtained the cheque and same came to be registered in Crime No. 304/2011 for the offences punishable under Sections 406 and 420 IPC. Petitioner credited the cheque for Rs. 1,06,40,000/- to his account and has already withdrawn a sum of Rs. 6,00,000/-. The matter is under investigation. The objection filed by one Thimmaiah specifies that the petitioner is also having interest in the land acquired. The controversy between the petitioner and Thimmaiah is pending before a civil Court. A substantial sum covered under the cheque is in the Bank. Having regard to the nature of offence and other circumstances the petitioner is to be enlarged on bail subject to certain terms.
For the reasons stated above, the following:
ORDER
i. The petition is hereby allowed.
ii. The petitioner is enlarged on bail subject to, he executing a personal bond for a sum of Rs. 1,00,000/-(Rupees one lakh) with local solvent surety for like sum to the satisfaction of the Trial Court.
iii. On all hearing dates the petitioner shall appear before the Court.
iv. The petitioner shall co-operate with the jurisdictional police for completing the investigation.
v. The petitioner shall re-deposit the sum of Rs. 6,00,000/- (Rupees six lakhs) with the Land Acquisition Officer within two weeks from today.
vi. The petitioner shall not withdraw the, amount of Rs. 1,00,40,000/- from his account in IDBI Bank, Tumkur.
vii. The petitioner shall not in any manner tamper with the prosecution witnesses.