R. VIJAY KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 to 4 have filed this petition under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ', for brevity) seeking anticipatory bail in Crime No.39/2021 of Gandhinagar Police Station, Ballari City Sub-Division registered for the offences punishable under Ss. 403, 406, 420, 504, 506 read with 34 of The Indian Penal Code (hereinafter referred to as the 'IPC ', for brevity).

(2.) The case of the prosecution is that one Syed Unis has filed a complaint stating that on 23.05.2019 the complainant had purchased a mobile crusher plant equipments Mounted Screen Plant (MCH Srl. No.533CS01105) from Sri Balaji Minerals, Rajasthan for Rs.1,77,00,000.00 . On 04.12.2019 accused No.5 introduced the petitioners to the complainant and after negotiation, the petitioners agreed to take the said machine on lease basis and transferred Rs.33,00,000.00 to the complainant to his account maintained with Karnataka Bank, Meenakshi Cricle Branch, Ballari, from 05/12/2019 to 15/05/2020 of rent free period on Lease Agreement. The amount paid is for the rent-free period from 05/12/2019 to 15/05/2020 and after completion of said period they have to pay Rs.15,00,000.00 per month to the complainant. On 01.05.2019 petitioners have taken said equipments into their custody and after expiry of the rent-free period the complainant asked the rent with the petitioners, otherwise asked to return the same to him. But the petitioners threatened him with dire consequences in collusion with accused No.5. Since the petitioners did not return the said mobile crusher a complaint came to be registered in Crime No.39/2021 by the respondent - police for the aforesaid offences. Apprehending their arrest petitioners filed Crl.Misc.592/2021 seeking anticipatory bail and the same came to be rejected by the Principal District and Sessions Judge, Ballari by order dated 27.09.2021. Therefore, the petitioners are before this Court.

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