SHREEDHARGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. for granting anticipatory bail in the event of their arrest in Cr.No.202/2021 registered by Hassan Extension Police Station for the offences punishable under Sections 365, 323, 342, 385, 504, 506 read with 34 of Indian Penal Code, pending on the file of 4th Civil Judge and JMFC, Hassan.

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

(3.) The case of the prosecution is that the complainant had filed a complaint alleging that his father had given a site measuring 115 x 50 sq.ft site situated in Sy.No.66/2B at II Stage, Jayanagara Extension, Hassan to him through gift deed. The documents of the said site stands in his name. He had some loan for his business and he was in need of money for clearing the debts. Therefore, he contacted the real estate persons by name Satisha and Shreedharagowda and requested them the loan of Rs.5,00,000/- and he had given xerox copies of his documents to them. He has shown the most valuable commercial site also to them. On 30.05.2021 he got the loan of Rs.5,00,000/-. The said persons asked whether he intends to sell the property, the complainant after consulting his parents said he would sell the property at Rs.5,500/- per square feet. As it was Ashada month, the sale deed was not executed. On this background on 10.08.2021, at about 6.30 p.m. the accused Nos.1, 2 and 3 called him to come near Annapurna Wine Store at Naidu village and made him to drink fully and while he was in intoxiation mode, they forcibly took him to a lonely place kept in custody and obtained some signature on a blank papers and threatened to execute sale deed otherwise they will kill hism and also his family members. They have also threatened not to disclose the same to the police and set him free. After registering the case, the Police made hectic efforts to arrest the accused persons. Therefore, the petitioners approached the Sessions Court for grant of bail which came to be rejected. Hence, they are before this Court.