LAWS(KAR)-2023-3-47

VASANTHKUMAR Vs. STATE OF KARNATAKA

Decided On March 09, 2023
VASANTHKUMAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These petitions are filed under Sec. 438 of the Code of Criminal Procedure, 1973 (for short, hereinafter referred to as "Cr.P.C.") seeking anticipatory bail for the offences punishable under Sec. 406, 409, 420 read with Sec. 34 of Indian Penal Code (for short, hereinafter referred to as "IPC'), contending that petitioners are innocent of the offences alleged. They have been falsely implicated, based on the report submitted by the higher officer of KIADB. Based on the said complaint, the concerned police are trying to arrest them. No prima facie case is made out against the petitioners. Some of the amount is recovered from the beneficiaries. Petitioners are ready to abide by any conditions that may be imposed and prays to allow the petition.

(2.) Learned High Court Government Pleader submitted objections to the effect that on 20/12/2022. Complainant who is presently working as Special Land Acquisition Officer has filed a complaint alleging that some of the owners of the land have received compensation for the second time in a total sum of Rs.19,19,55,000.00. This was done in collusion of some of the officials of the KIADB and the previous Special Land Acquisition Officer and other Sub-Ordinate Officials. This was disclosed in the preliminary report. The presence of the petitioners is required for investigation and also recovery of the compensation which is paid for the second time. The allegations against the petitioners are very serious and as such petitioners are not entitled for anticipatory bail and prays to dismiss the petitions.

(3.) Heard arguments and perused the records.