BHARAT SURESH POOJARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned criminal petition is filed under Section 438 of Cr.P.C. by accused Nos.2 and 3 seeking anticipatory bail in Crime No.249/2019 for the offences punishable under Sections 120B , 406 , 409 , 465 , 420 , 471 , 468 r/w Section 34 of IPC.

(2.) The facts leading to the top noted case are as under: The complainant has alleged that the accused No.1 by colluding with accused Nos.2 and 3, on 08.09.2017, has withdrawn a sum of Rs.2 crores and on 12.09.2017, a sum of Rs.1.20 crores from the account of complainant - company and has transferred the same to his own company under the name and style 'RSP Gourmet Foods Pvt. Ltd.' illegally. It is further alleged that all the accused conspired and fabricated the documents in order to show that the said amount is obtained towards loan and thereby have cheated the company and have misappropriated the company's funds. On these set of allegations in the complaint, a crime came to be registered in Crime No.249/2019 for the offences punishable under Sections 120B , 406 , 409 , 465 , 420 , 471 , 468 r/w 34 of IPC .

(3.) Sri Madhusudhan, learned counsel appearing for the petitioners would vehemently argue and contend before this Court that the accused No.1 and the first informant have invested an amount of Rs.2 crores in Brewitch Private Limited, wherein, the first informant is also one of the Director. He would submit to this Court that an amount of Rs.80 lakhs which was towards share application money was paid back to accused No.1 and remaining of Rs.3.2 crores was invested in M/s.Balckrain Micro Brew LLP, wherein the first informant holds 70% share. He would submit to this Court that a sum of Rs.3.2 crores was transferred to M/s. RSP Gourmet Foods Pvt. Ltd. to buy equipments and accordingly, a sum of Rs.2 crores was transferred to M/s. Aubergine Pvt. Ltd., wherein the first informant - Mr. Antony George Kunnel and his wife namely Zeeba Khan Kunnel are partners. He would rely on the mail sent by the first informant and would submit to this Court that an amount of Rs.2 crores is received by the first informant himself and all the equipments amounting in excess of 3.2 crores is lying in the go-down of first informant.