N.V.SRIDHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioners- accused Nos.1, 3 and 4 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.6/2020 of Kempegowda Nagar Police Station for the offences punishable under Sections 417 , 418 , 420 , 120(b) r/w Section 34 of IPC.

(2.) I have heard the learned counsel Sri.Chowhan R.G. for the petitioners-accused, learned SPP-I Sri.V.M.Sheelavanth along with Sri.Mahesh Shetty, the learned High Court Government Pleader for the respondent-State.

(3.) The gist of the complaint is that the complainant is the member of Karmikara Raithara Vasathi Nirmana Sahakara Sangha Limited. It is stated that himself and other members have invested money in the year 1988 to 2000 and the Society had allotted sites to them at Uttarahalli and had issued allotment letters and possession certificate. It is further alleged that subsequently, KIADB acquired 12 acres of land out of 52 acres belonging to the said Sangha for the purpose of preparing the link road by NICE Company. It is further alleged that the complainant and other members who have lost the sites approached the petitioners for allotment of alternative sites to them, as they have already paid the amount to the Society. The office bearers assured to allot the alternative sites, but subsequently they have not taken any steps for allotment of the sites and have committed cheating. On the basis of the said complaint, a case has been registered in NCR No.202/2019. Thereafter, ACP has obtained the orders of the Court and registered a case for the alleged offences.