ANAND KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 to 3 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.125/2022 of Kudithini Police Station for the offences punishable under Ss. 405, 406 and 420 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).

(2.) The case of the prosecution is that, Smt. Thippamma and Smt. Saradaramma both are residents of Kudithini town have filed joint complaint stating that Jindal Company has decided to purchase the lands of complainants bearing Sy.Nos.1247 and 1281 and others lands also in Kudithini town. As there was some hurdle in the procedure, due to indulgence of District Commissioner and local MLA resolved the same and after taking consent from government, it was fixed 23 lakhs per acre. It is further stated that the complainants are illiterate and have no knowledge about the procedures, petitioner Nos.1 and 2 have also sold their lands to Jindal Company and they along with petitioner No.3 on the guise of helping the complainants, opened the joint account in the name of the complainants in Karnataka Gamina Bank, Kudithini on 5/10/2018 and collected the pass books and cheques with the signatures. The Jindal Company has deposited Rs.92,33,813.00 to the joint account of complainants in installments. It is further stated that the accused have deposited only Rs.60,33,813.00 in the joint account of the complainants and remaining Rs.32.00 lakhs have been utilized by themselves. The complainants came to know after getting the bank statements through others. The complainants made enquiry with the accused persons, they told that the amount was spent for the transactions. When the complainant quarreled with the accused, petitioner No.3-Mahesh told the complainants that he had taken Rs.22.00 lakhs and that he has deposited Rs.10.00 lakhs to the complainants account, but he has utilized Rs.12.00 lakhs for his own purpose. Likewise, petitioner Nos.1 and 2 along with petitioner No.3 have taken Rs.10.00 lakhs for their personal use. It is further stated that the accused persons have collected Rs.50,000.00 and 1,00,000/- on the pretext that they would get employment and a house for the land loosers from the Jindal Company and they have cheated the complainants. The said complaint came to be registered in Crime No.125/2022 of Kudithini Police Station for the offences punishable under Ss. 405, 406 and 420 of IPC against the petitioners. The petitioners apprehending their arrest have filed Criminal Miscellaneous No.797/2022 seeking anticipatory bail and the same came to be rejected by learned Principal District and Sessions Judge, Ballari by order dtd. 27/10/2022. Therefore, the petitioners/accused Nos.1 to 3 are before this Court seeking anticipatory bail.

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