LOKESHA A. P. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.5, who is sought to be prosecuted for the offences punishable under Ss. 420 , 419, 471, 465, 468, 120(B) read with Sec. 34 of IPC, is before this Court.

(2.) The case of the prosecution is that, the accused No.1 by impersonating the defacto complainant conveyed the land belonging to the defacto complainant in favour of the accused No.2 by executing a registered sale deed. The accused No.2, on the basis of the sale deed, obtained a loan of Rs.83.00lakh from the Bajaj Finance Company Ltd. The defacto complainant, on coming to know that, the sale deed in respect of his property has been conveyed by impersonating, lodged the FIR on 29/6/2019 against the accused Nos.1 and 2. During the course of investigation, the police arrested the accused No.2, and in his voluntary statement, he did not make any allegation against the accused No.5, and thereafter, the accused No.3 was arrested, and upon an interrogation, he stated that, he obtained Adhar card from the accused Nos.4 and 5. Based on the confession statement of the accused No.3, the police arrested the petitioner - accused No.5. Taking exception of the same, this petition is filed.

(3.) Sri Sandesh S Chouta, learned Senior Counsel for the petitioner submits that, except the confession statement of co-accused, there is no corroborative material to establish that, the accused No.5 fabricated the Adhar card in favour of the accused No.1 so as to facilitate the execution of the sale deed in favour of the accused No.2. Hence, in the absence of any corroborative material except the statement of co-accused, the continuation of the criminal proceeding will be an abuse of process of law.