RAJESAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C .', for brevity) seeking anticipatory bail in Bagalkote Rural Police Station Crime No.121/2022 registered for the offences punishable under Ss. 420 and 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the 'IPC 'for brevity).

(2.) The case of the prosecution is that, one Abdulrehman Mastansab Kolli, has filed complaint stating that petitioner No.1 has given a false promise to the complainant that he would be fetching the complainant a job either in the KSRTC, PWD or in some other Department and therefore, the complainant along with Mahesh Veerannavar and Rafeekahamad Imamsab Korabu had been to the house of one Kutubuddin Muktamsab Mujawar, a relative of petitioner No.1, situated at Gaddankeri opposite to Khadi Industry on 17/2/2018 and on the said day, petitioner No.1 had received cash of Rs.1,00,000.00 each from the complainant, Mahesh and Rafeekahamad and had promised that he would be fetching a government job and he has also received 3 blank cheques from the complainant stating that the said cheques would be returned immediately after securing a job and on payment of Rs.7,00,000.00 each from all the 3 persons and during which, petitioner No.1 had made phone call to petitioner No.2 and accused No.3 who are also involved with petitioner No.1. It is further stated that by efflux of time, the complainant had been told by many persons that petitioner No.1 is a habitual cheater who receives money from aspirants on the pretext of fetching them a Government job but later fails to do so and do not return the money back. The complainant on becoming aware of the deceitful activity of petitioner No.1, has on several occasions demanded the money back but petitioner No.1 has failed to return the money back. Therefore, the complainant has filed a complaint which came to be registered in Crime No.121/2022 at Bagalkote Rural Police Station for the offences punishable under Ss. 420 and 506 read with Sec. 34 of IPC. The petitioners, who were arrayed as accused Nos.1 and 2 in the FIR, apprehending their arrest have filed Criminal Miscellaneous No.382/2022 seeking anticipatory bail and the same came to be rejected by the learned Principal District and Sessions Judge, Bagalkote, by order dtd. 13/7/2022. 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.