LAWS(KAR)-2021-5-24

SHIVAKUMAR Vs. STATE OF KARNATAKA

Decided On May 19, 2021
SHIVAKUMAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Accused No.6 is before this court under Section 438 Cr.PC., with a prayer for grant of anticipatory bail.

(2.) Upon a complaint lodged by Santhosh M.R., RMC Yard Police Station, Davanagere, registered a case in Crime No.16/2021 against the petitioner and others for the offence punishable under Sections 406 and 420 read with Section 34 of IPC.

(3.) In the complaint averments, it is contended that the complainant is running the business of fertilizer, seeds and pesticides under the name and style of Sri Anjaneya Agency, Anaji Cross, Davanagere Taluk. Since two years, the complainant used to purchase maize crop from farmers of surrounding villagers and he was selling the same to K.C. Traders, GMC Groups, which is situated in C-Block of APMC Yard, owned by Sri Shivalingaiah.M. After such sale, within 15 to 20 days, the sale consideration would be remitted to the Bank account of the farmers. On 29.12.2020, the complainant had sent four lorry loads of 1600 quintals of maize at the rate of Rs.1,380/- per quintal amounting to Rs. 22,17,246/- to K.C. Traders. Another purchaser by name Amruthappa, who is running a shop in APMC 'C' Block, Merchants and Agents had also purchased maize from farmers to the extent of 1041 quintals which was also sold to M/s. K.C. Traders at the rate of Rs.1,365/- per quintal. It is further contended that K.C. Traders failed to pay the amount and therefore, action was sought.