SANJEEVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 has filed this petition under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.108/2019 of Hospet Town Police Station registered for the offences punishable under Sections 121B, 406, 420, 468 and 471 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that, the complainant is the contractor, and accused No.2 and the complainant knows each other. On 12.06.2019, accused No.2 approached the complainant and informed him that one Tata Harrier vehicle is for sale and his friend intends to sell the same. The complainant agreed to purchase the same and requested to share the details of the vehicle. Accused No.2 informed him that the vehicle was near Amaravati guest house and he would show the vehicle and introduce its owner. Since the complainant was interested in buying, went along with accused No.2 and accused No.2 introduced one person as Bishal Sunar. After seeing the vehicle and after negotiation, the price was fixed at Rs.17,00,000/-. Thereafter, the complainant after verifying all the necessary documents, agreed to purchase the vehicle. That on 17.06.2019, the complainant transferred about Rs.15,00,000/- to the account No.283701000002250 of Indian Overseas Bank Vidyaranyapura Branch from his Account maintained with the Vijaya Bank through RTGS and paid cash of Rs.4,00,000/- to accused No.2 and at that time, Bishal Sunar was present. After the said transaction, the vehicle and necessary documents were handed over to the complainant. That on 18/07/2019, when the complainant had gone to RTO Office at Hospete to get no objection certificate, at that time, he came to know that there is an objection from HDFC bank, Bangalore Branch. At that time, the complainant tried to contact the said Bishal Sunar but he could not track him and when he approached accused No.2, accused No.2 assured him of getting the vehicle transferred in his name. On 19.02.2019 at about 6.00 pm when the complainant was in his house, the Police Inspector of Indira Nagar Police Station, Bengaluru, served notice to the complainant in respect of Crime No.162/2019 and seized the vehicle from the possession of the complainant. The complainant after verifying all the documents with the concerned authority came to know that all the accused persons have colluded with each other and with an intention to cheat, have created false and fabricated documents and in furtherance of common intention of cheating, have sold the vehicle by suppressing the true facts. The allegation against the petitioner is that, he impersonated the said Bishal Sunar. The said complaint came to be registered in Crime No.108/2019 of Hospet Town Police Station, for the offences under Sections 121B, 406, 420, 468, 471 read with Section 34 of IPC. The petitioner/accused No.1 apprehending his arrest has filed Criminal Miscellaneous No.5104/2021 and the same came to be rejected by the learned III Additional District and Sessions Judge, Bellary, sitting at Hosapete by order dated 16.04.2021. Therefore, the petitioner is before this Court seeking anticipatory bail.

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