1. The petitioner-accused No.1 is before this Court seeking to set aside the order dated 28.11.2022 passed in S.C.No.784/2021, pending on the file of LII Additional City Civil and Sessions Judge, Bengaluru.
2. Heard Sri.Hasmath Pasha, learned Senior Counsel for Sri.Kariappa N.A., learned counsel for the petitioneraccused No.1 and Sri.H.S.Shankar, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
3. It is the submission of the learned Senior counsel that the accused is in judicial custody in Crime No.69/2021 for the offence punishable under Section 120-B, 143, 147, 148, 302 of IPC.
4. It is further submitted that the petitioner had entered into an agreement of sale with one Waseem Pasha in respect of his house property and the accused wanted to complete the formalities of execution of registered sale deed. Therefore, the learned Senior Counsel submits that the accused should be taken to the Sub-Registrar office situated at BTM Layuot, Bengaluru or any other Sub-Registrar office if the law permits to get the sale deed registered with the police escort. As such the learned Senior Counsel prays to permit the petitioner to get the sale deed registered with the police escort.
5. Per contra, learned High Court Government Pleader submits that the prayer of the learned Senior Counsel providing police escort may cause loss to the exchequer of the State. Providing police escort to get the registered sale deed may not be appropriate and the sale agreement may be extended with the consent of the parties or a GPA or SPA can be given for the registration of the sale deed. As such opposing the petition.
6. After having learned counsel for the respective parties the points would arise for my consideration are:
"Whether the petitioner is entitled to have the benefit of police escort to get the sale deed registered "
7. On careful perusal of the petition and documents produced along with the petition it appears that there is an agreement of sale which is produced at Annexure-A which discloses that the sale deed should have been executed within three months from the date of execution of unregistered sale agreement. Admittedly, the sale agreement is dated 30.12.2020, already the term stipulated for registration of sale deed is over, there is no document produced along with the petition to show that the said agreement has been extended. Therefore, the prayer of learned Senior Counsel cannot be granted on the strength of the unregistered sale agreement dated 30.12.2020. However, if any valid sale agreement or sale deed is produced before the jailer of concerned jail, the jailer may permit the petitioner to go to the Sub-Registrar Office to complete the formalities with the police escort. The expenditure shall be borne by the petitioner.
Accordingly, the petition is disposed of with said direction.