RESHMABANU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by petitioners - accused Nos.1 to 5 under Section 438 of Cr.P.C to release them on anticipatory bail in the event of their arrest in Crime No.160/2013 of Ramanagara Police Station (pending on the file of CJM, Ramanagara) for the offences punishable under Sections 420 and 120(B) of IPC read with 34 of IPC .

(2.) I have heard the learned counsel Sri. Chandramouli H.S for the petitioners - accused Nos.1 to 5 virtually and learned High Court Government Pleader Sri. Mahesh Shetty for respondent- State.

(3.) The gist of the case of the prosecution in brief is that complainant and petitioners were close relatives. During May 2013, petitioners 1, 4 and 5 approached the complainant for financial assistance and have borrowed Rupees ten lakhs from the complainant. Thereafter petitioners 1 and 4 again approached in the month of June, 2013 borrowed another sum of Rs.10 lakhs and subsequently in the month of August 2013 borrowed further sum of Rs.5 lakhs and on 28.08.2013 petitioner No.1 borrowed Rs. 40 lakhs and again petitioner No.4 also had received 10 lakhs on 15.09.2013. The said amount has been collected for the purpose of construction of house and agreeing to repay the same along with an additional amount of Rs.10 lakhs. On 17.10.2013, when the complainant insisted the accused to repay the amount borrowed, petitioners 1 and 3 asked the complainant to come to Ramanagara and when she went at about 7.30 p.m. handed over a kit bag saying that her entire money is inside the bag, however the key of the kit bag has been misplaced and requested the complainant to carry the bag to the house and break open the same. When the informant came to her house and opened the bag, it was filled with news paper in place of money and there was no money inside the bag as stated by the accused. On the basis of the complaint, case has been registered.