VADIRAJ SUBRAMANYA KATTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioners/accused Nos.1 to 3 under Section 438 of Cr.P.C., to release them on anticipatory bail in Crime No.66/2020 of Wilson Garden Police Station for the offences punishable under Sections 418 , 420 read with Section 34 of IPC.

(2.) I have heard Sri.Shrish Chandra, learned counsel for petitioners/accused Nos.1 to 3 and Sri. R.D. Renukaradhya, learned HCGP for respondent No.1 - State. Though the notice has been served on respondent No.2, there is no representation.

(3.) The gist of the complaint is that Mysore Mineral Limited issued an e-tender regarding installation of Radio Frequency Installation Device (RFID). The said tender was awarded in favour of Itriangle on 05.03.2014 being the lowest bidder. An agreement dated 28.04.2014 was entered into between respondent No.2's Company and Itriangle. Subsequently, work order dated 06.05.2014 was issued by respondent No.2's Company. As per the tender services, respondent No.2's Company without any demur, updated on the status of the work. Despite providing the aforesaid services, respondent No.2's Company defaulted in paying the consideration, thereby there was a breach of the terms of the conditions of the agreement. Subsequently, the accused company on numerous occasions sent the letters, e-mails and requested respondent No.2's Company to release the outstanding payment. But, however, respondent No.2's Company never paid and heed to either reply to the letters and the terms of the agreement expired in the year 2017. After the expiry of the term of the agreement, respondent No.2's Company issued an e-mail dated 10.06.2019 to Itriangle requesting them to make a field visit to the mines and to ascertain the present status of the hardware items and to rearrange the same. Though the accused company was not bound to perform the same as the time period of the contract had already been expired, but still carried out the field visit on 01.08.2019 and submitted a report to respondent No.2's Company on 06.08.2019 so as to avoid any conflicts arising between the parties. In pursuance of the same, respondent No.2's Company delivered the hardware's to the office of the accused Company for the purpose of inspection and assessment. Further, after the said hardware's were received by the accused Company from respondent No.2's Company, there was no communication made from respondent No.2's Company. Respondent No.2's Company through its Deputy General Manager filed a complaint against the petitioners for the offences under Sections 418 , 420 read with Section 34 of IPC. On the basis of the complaint, a case has been registered.