K. KHATEEM Vs. STATE BY HIRIYUR TOWN POLICE

JUDGEMENT

(1.) This petition is filed by petitioners-accused 1 and 2 under Section 438 of Criminal Procedure Code, 1973 seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 406, 465, 420, 472 and 120B of the Indian Penal Code, 1860 registered in respondent-police station Crime No. 227 of 2013. The brief facts of the prosecution case are that a private complaint was filed before the Magistrate Court at Hiriyur alleging that these petitioners falsely assured the complainant that they would secure a job to him provided the complainant gave them Rs. 5 lakhs. The said promise was made during second week of February 2013. Immediately, the complainant arranged Rs. 5 lakhs and paid the amount to the petitioners with marks card and bank passbook. The complainant did not get any information about the appointment till September 2013 and when the complainant demanded the 2nd petitioner to return the amount, then it was assured that appointment letter will be issued within 15 days. On 1-10-2013 complainant received an appointment letter on behalf of Astrix Technologies Private Limited. He was asked to give some details in a format. Complainant went to Bangalore and enquired and he came to know that his name was shown as an employee of that company since 13-8-2011 itself and provident fund account was also opened under P.F. No. 3778. In fact, the complainant was not given any appointment nor his amount has been returned and the petitioners have cheated the complainant. Hence, the matter was referred to the police for investigation and to submit the report.

(2.) Heard the arguments of the learned Counsel for petitioners-accused 1 and 2 and also the learned Government Pleader for the respondent-State.

(3.) Learned Counsel for the petitioners submits that the petitioners are innocent and they have not at all made any such promise to the complainant nor they have received Rs. 5 lakhs. He has further submitted that petitioners are ready to abide by any reasonable conditions to be imposed by the Court and hence, petition may be allowed.