PAVADEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the Accused Nos.1 to 3 under Section 438 of Cr.P.C. seeking anticipatory bail in Raibag P.S.Crime No.73/2020 registered for the offences punishable under Sections 420 , 504 and 506 r/w. Section 34 of IPC directing the police to release the petitioners on bail in the event of their arrest.

(2.) The brief factual matrix of the case as stated in the petition are that, one Bahubali Ashok Kaddu of Kuedachi in Raibag Taluk is the complainant and he was having a open plot at Kole Plot area in Kudachi Municipality limits bearing T.M.C. No.1868/31/A measuring 1897.2 sq. ft. Accused No.1 - Pavadeppa and complainant are acquainted with each other. It is stated in the complaint that in the last week of January, 2020, complainant asked accused No.1 for financial help. Accused No.1 agreed to help on a condition to execute agreement in respect of above said plot in his favour. Thereupon, all the accused came to Kudachi and got executed the registered agreement pertaining to the above said property by showing its worth Rs.60,00,000/-. When complainant told them, he is not interested in selling his plot, they told that it is only for security purpose and after execution of the document, they will pay the money. Hence, the complainant put his signature on the agreement and it was registered on 23.01.2020 in the office of the Sub-Registrar, Raibag. In that registered document, it has been falsely shown as complainant has received Rs.15,00,000/- from accused through cheque Nos.000087, 000088 & 000089 drawn on ICICI Bank, Rabakavi and received Rs.8,10,000/- in cash. But they did not give money to complainant as agreed. They went on postponing payment of money even after repeated requests of complainant to give the above said cheques and cash, they have not paid the same. Now they are saying, they will not pay the money. They abused him in vulgar language and gave life threat. In pursuance of the said complaint, the police have registered the case. On registering the case, the police officials are making attempts to arrest the petitioners.

(3.) Heard the learned counsel for the petitioners and learned HCGP for the respondent- State.