LAWS(KAR)-2021-10-62

SYED NIZAM ALI Vs. STATE

Decided On October 22, 2021
Syed Nizam Ali Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition is filed by petitioner-accused No.1 under Sec. 438 of Cr.P.C. for granting him anticipatory bail in Crime No.32/2019 registered by Nazarbad Police Station, Mysore (now pending on the file of III Additional Senior Civil Judge and C.J.M, Mysuru in C.C.No.126/2020) for the offences punishable under Ss. 121B, 420, 460 read with Sec. 34 of Indian Penal Code.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint of one Chandre Gowda S, who is said to be the President of the Ashritha House Building Co-operative Society, Mysore (for short 'Society') filed a private complaint before the Magistrate and in turn, the same was referred to the Police. The police have registered a case in Crime No.32/2019 for the aforesaid offences and after investigation, the charge sheet has been filed. It is the further case of the petitioner that the petitioner and the Society had entered into an agreement for developing the lands and formation of sites as agreed upon by them. Subsequently, due to some civil disputes arose between them, the Society has filed a suit against the petitioner in O.S.No.22/2014 and later, the said suit was ended in compromise before the Court by filing compromise petition under Order 23 Rule 3 of CPC and as per the compromise agreed upon by the parties, the suit was decreed. Subsequently, quarrel has been occurred between the petitioner and the Society and again, the Society had approached the Court by filing Execution Petition in E.P.No.279/2018 for executing the decree. During the pendency of the execution proceedings, the Society has also filed a private complaint against the present petitioner, who is the Judgment Debtor in the execution proceeding. Now, the matter is pending before the trial Court for adjudication.