NAVEEN.N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by petitioner-accused No.2 under Section 438 of Cr.P.C., to enlarge him on anticipatory bail in Crime No.92/2020 registered by Nanjanagudu Town Police Station, Mysuru District for (pending on the file of Civil Judge and Judicial Magistrate First Class, Nanjanagudu) the offence punishable under Sections 406 , 420 and 468 of IPC.

(2.) I have heard the learned counsel Sri A.S.Kulkarni for petitioner-accused No.2 by virtual hearing and the learned High Court Government Pleader Sri Mahesh Shetty for the respondent-State.

(3.) The gist of the case of the prosecution in brief is that the complainant knows accused No.1 Sathish Kumar.C, who is resident of the same area. When they were talking, accused No.1 told that he is doing auto consultancy business in Bangalore and asked the complainant to do business with him as he can earn good benefit and profit. The complainant said that it is a new business to him and he is not acquainted with said business. Subsequently, accused No.1 told the complainant that he will get him good cars to less price and the complainant can sell them in and around Mysore-Nanjanagudu are by keeping profit of Rs.1 1/2 lakhs. It is further alleged that in the month of October 2019 accused No.1 came and told the complainant that good cars area for sale at Bangalore. Therefore, he asked the complainant to transfer the amount to his account and he will purchase the cars. Believing the words of accused No.1, the complainant agreed. Thereafter, on 27.12.2019 the complainant transferred another sum of Rs.50,000/- to the account of accused No.2 and on 20.03.2020 a sum of Rs.5,00,000/- was transferred to the account of accused No.2 from the account of his friend Naveen. On 14.05.2020 a sum of Rs.94,000/- and on 30.07.2020 another sum of Rs.90,000/- was transferred to the account of accused No.2. Subsequently to create belief, he came to Nanjanajudu, shown cars and told that he has paid the money of the complainant for those cars and took back the cars. It is further alleged that again in the month of February 2020, accused No.1 brought his friend and he introduced accused No.2 and he has also shown Fortuner car bearing No.KA-50-Z-7748 for sale and discussed its price as Rs.28,00,000/-. On 03.2020 at about 6.00 p.m. when the complainant was in his shop, at that time accused Nos.1 and 2 came there in the said car. When the car was shown, he liked it and later regarding finance which was given to the complainant. When enquired with Toyota Financer and subsequently it came to the notice of the complainant that, it was a duplicate document. Subsequently, on 05.03.2020 at about 12 noon they called and told that they are coming and asked the complainant to keep the money arranged at about 3.00 p.m. to the complainant. They verified the car and gave Rs.15,00,000/- on the hands of the complainant towards purchase of the car and the complainant gave the said amount to accused Nos.1 and 2 and asked for Clearance Certificate in the name of Prateek. Therefore, they asked 25 days time. As on the date of filing of the complaint, no such documents have been transferred. On the basis of the complaint, a case has been registered.