T R ANANDA S/O RANGANATH Vs. STATE OF KARNATAKA BY VIDHANA SOUDHA P S , NOW C C B , REP BY ITS STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) Criminal Petition No.5959/2018 is filed by petitioners/accused Nos.3 & 4 under Section 439 of Cr.P.C. Criminal Petition Nos.5748/2018 and 5740/2018 have been filed by petitioners/accused Nos.2 and 5 under Section 438 of Cr.P.C. to release them on anticipatory bail. Criminal Petition 5764/2018 has been preferred by the petitioner/accused No.6 and Criminal Petition No.6082/2018 has been preferred by petitioner/accused No.1 under Section 439 of Cr.P.C. to release them on bail in Crime No.34/2018 of Vidhana Soudha Police, being investigated by CCB police for the offences punishable under Sections 380, 389, 384, 420, 408, 505(3), 120(B) r/w Section 34 of IPC.

(2.) I have heard the learned counsel Sri Srikanth M.N., Ashwathappa D., M. Shashidhara, Dineshkumar K. Rao and Amaresha M. for the petitioners and I have also heard the learned Special Public Prosecutor Venkatesh P. Dalwai for the respondent/State.

(3.) Brief facts of the case of the prosecution are that a complaint came to be filed by the Administrator of Srimad Jagadguru Shankaracharya Samsthanam of Shiva Ganga alleging that the accused persons conspired together, hatched a plan to extort an amount of Rs.15 Crores from the complainant Mutt in connection with land dealings. It is further alleged that long back the king of Mysore gifted the land to the Shiva Ganga Mutt which is valued in Crores. It is further alleged that the documents pertaining to the said property were in the custody of the then Peetadhipathi of the Mutt. After the death of Swamiji, the Administrator accused No.1 Narsimhaiah N.L. petitioner in Criminal Petition No.6082/2018 stolen the said documents of the landed property. It is further alleged that in the year 1960 there was a financial crises in the Institution. At that time, the then Peethadhipathi Sri Sachidananda Bharathi Swamiji had sold 208 acres of land to Airforce Employees Association situated at Jodi Lakshmipur village in Devanahalli Taluk by prior permission of the King of Mysore. The Administrator challenged the same by filing a Civil Suit in Devanahalli Court and subsequently Swamiji decided to withdraw the suit as it is not lawful to challenge the property already sold. It is further alleged that even after the withdrawal of the suit by the Mutt, the Airforce Employees Association returned the said land to Mutt.