C V SUMANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.3 and 4 under Sec. 438 of Cr.P.C., for granting anticipatory bail in Crime No.247/2022 registered by the respondent Police Station for the offences punishable under Ss. 465, 468, 471, 420, 120B read with Sec. 34 of IPC.

(2.) Heard the arguments of Sri Praveen Kumar, learned counsel for the petitioners and Sri Krishna Kumar, learned HCGP for the respondent - State and perused the records.

(3.) Brief facts of the case of the prosecution is that Sri Ritesh Kumar, Assistant Director of Enforcement Directorate (for short 'ED') filed a complaint to the Wilsongarden Police on 10/6/2022 at 5.30 p.m., later the same was transferred to respondent - K.R. Puram Police Station and registered as Crime No.247/2022, wherein it is alleged that the ED attached a residential property bearing Site No.3, Khatha No.28/45/1, New Katha No.742 situated a Varanazi @ Jinkethimmanahalli Village, Bidarahalli Hobli, held in the name of accused No.1 - John Michael, vide Provisional Attachment Order (POA) bearing No.09/2014 dtd. 6/8/2014 under Sec. 5 of Provisions of Money Laundering Act, 2002 (for short 'PMLA') and the same was intimated to the K.R.Puram Sub-Registrar Office and made encumbrance of the property attached by the ED; subsequently a further attachment was intimated by the ED on 26/11/2014. Subsequently, accused Nos.1 and 2 said to have sold the said property to accused Nos.5 and 6 and the petitioners herein being the Additional Sub- Registrar and Senior Sub-Registrar of K.R. Puram Sub- Register Office, without verification of documents of the property and ignoring the attachment made by the ED, has allowed the accused No.1 to sell the property. Thereby the ED requested the Police to investigate the matter. The petitioners being the Sub-Registrars apprehending their arrest in the hands of K.R. Puram Police, approached the Sessions Court for granting bail but the same was rejected. Hence, the petitioners are before this Court.