MAHADEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 and 2 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.96/2022 of Garag Police Station registered for the offences punishable under Ss. 406, 420, 504 and 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Nagappa Bhemappa Sogalad of Hangaraki village has filed complaint stating that he is having 15 acres of agricultural land bearing Sy.No.10/1 at Hosaval village, Dharwad taluk and for his financial necessity, he had obtained an amount of Rs.7,50,000.00 from petitioner No.1/accused No.1 and after some months, he returned the same to petitioner No.1. In the month of May 2016, petitioner No.1 stated and convinced the complainant that one person Ritesh M.Banushali ready to install 3 wind fans in his agricultural land for that he will pay Rs.2,50,000.00 per year for each wind fan and he will get Rs.7,50,000.00 every year. The complainant believing the words of petitioner No.1 has agreed and taken him to the Sub-Registrar Office, Dharwad, to sign the agreement. The same is typed in English language on 16/5/2016 and received advance of Rs.1,00,000.00 and assured that remaining amount of Rs.6,50,000.00 will be paid later. Thereafter, the petitioners opened a bank account in the Vijaya Bank, Kotur village branch and the said Ritesh M. Banushali has transferred an amount of Rs.59,00,000.00 on various dates in the year 2016-17 and a sum of Rs.43,00,000.00 has been transferred fraudulently to petitioner No.2's account from the complainant's account on various dates by obtaining complainant's LTM on some blank papers and also withdrawn an amount of Rs.13,80,000.00 by self cheque from the complainant's account on various dates and this came to the knowledge of the complainant through his advocate. The complainant alleged that, the bank officials have also colluded with the petitioners to cheat him. When the complainant went to the petitioners to ask why they cheated him, at that time, petitioner No.1 scolded him and his son and shown the gun and threatened to kill him. The said complaint came to be registered in Crime No.96/2022 of Garag Police Station for the aforesaid offences. The petitioners, who are shown as accused Nos.1 and 2 in the FIR, apprehending their arrest, filed Crl.Misc.No.438/2022 seeking anticipatory bail and the same came to be rejected by the learned III Additional District and Sessions Judge, Dharwad, by order dtd. 25/7/2022. Therefore, the petitioners are before this Court seeking anticipatory bail.

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