RAJANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail of the petitioner/accused No.5 in Crime No.8/2020 for the offence punishable under Section 420 of IPC.

(2.) The factual matrix of the case is that on 15.01.2020 at about 15.00 hours, one Sri Sanjay Kumar, the resident of Sikandarabad Town, Hyderabad, Telangana State had lodged the complaint stating that he was having acquaintance with one Hajimulan and he told that, this petitioner is having 2 kilograms of gold coin and he intends to sell the same for a lesser price. Hence, the complainant believed the words of Hajimulan and came and met this petitioner and this petitioner, showed 2 to 3 gold coins. The complainant on verification, came to know that the same are gold coins and the worth of 2 kilograms of gold coin is Rs.65 lakhs. Thereafter, this petitioner informed the complainant that if he gets the money, he will hand over the same. Hence, that on 14.01.2020, the complainant and his friend came to Hosakote, stayed in a lodge and thereafter, the said Hajimulan, his son and two others came to lodge and enquired whether they have brought the money and gold coins are ready and they were taken to lonely place and told him to hand over the amount of Rs.65 lakhs. When they were counting the amount, someone screamed that police have arrived to the spot and thereafter, the said persons left the place with the money and cheated the complainant. Based on the complainant, the police have registered the case.

(3.) It is the contention of the learned counsel appearing for the petitioner that accused Nos.1 to 4 and 6 and 9 have already been enlarged on bail and there is no specific allegation against this petitioner that he was also present at the time of snatching the amount of Rs.65 lakhs from the complainant. He further contends that may be earlier, the complainant would have met this petitioner, but, at the time of snatching the money, this petitioner was not present at the spot. Hence, the petitioner may be granted anticipatory bail under Section 438 of Cr.P.C. and he is ready to obey the condition that may be imposed and he will assist the Investigating Officer to complete the investigation.