RUKHIYA ANJUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 and 2 in Crime No.85/2021, registered by Shivajinagar Police Station, Bengaluru city for the offences punishable under Sec. 420 read with Sec. 34 of Indian Penal Code, 1860 ('the IPC' for short) are before this Court seeking anticipatory bail.

(2.) Heard the learned counsel appearing for the petitioners and the learned HCGP appearing for the respondent.

(3.) The case of the prosecution is that on the basis of the complaint lodged by Mr.R.KotHwal, Shivajinagar Police, Bengaluru city have registered FIR in Crime No.85/2021 against three persons under Sec. 420 read with Sec. 34 of IPC. In the complaint it is averred that complainant's parents were tested positive for Covid-19 pandemic and they needed oxygen cylinder and for the purpose of supply of oxygen cylinder, the complainant had paid the amount to the accused persons. However, they had supplied him industrial oxygen cylinder, but the Doctors had advised not to use the same. Though the complainant had requested the accused persons to take back the industrial oxygen cylinder and supply domestic oxygen cylinder, which could be used for medical purposes, accused persons allegedly had not supplied him the medical oxygen cylinder and on the other hand avoided his phone calls and subsequently both the parents of the complainant had died in the hospital. It is under this background, the complainant had lodged the complaint based on which FIR was registered in Crime No.85/2021.