A.PRAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned HCGP for the respondent-State through video conferencing. Perused the records.

(2.) This petition is filed by petitioner/accused under Section 438 of Cr.P.C. in Cr.No.6/2020 of Robertsonpet Police, K.G.F., arose in PCR No.5/2019 on the file of Prl. Senior Civil Judge and JMFC Court, K.G.F., for the offence punishable under Sections 417 , 420 , 465 , 470 read with Section 34 of IPC. The police are making hectic efforts to arrest this accused. Therefore, the learned counsel for the petitioner is seeking for anticipatory bail in the event of arrest of the accused among the grounds urged therein.

(3.) It is stated in the complaint filed by the complainant in PCR No.5/2019 that the 2nd respondent is the owner of the house situated at Majara Guttahalli (Udaya Nagar) coming within the limits of Parandahalli Panchayath and he had let out the said house on lease to the petitioner on 24.07.2019. Since, the petitioner has not vacated the house after expiry of the lease period and he has filed a case in O.S.No.403/2019 to harass the 2nd respondent. On 21.03.2019, the petitioner has got a sale agreement created, as though the 2nd respondent has agreed to sell the house in his favour. Accused No.2 and 3 are the witnesses to the said agreement. But the 2nd respondent has not executed any such sale agreement and the same is a fabricated document. The petitioner including accused Nos. 2 and 3 have cheated the 2nd respondent by creating false and fabricated document. Hence, as a counter blast, the 2nd respondent has filed O.S.No.26/2020 on the file of the Prl.Civil Judge and Addl. JMFC, K.G.F., against the petitioner to quit, vacate and handover the vacant possession of his property. The same is pending for adjudication. These are all the grounds urged in the petition.