SHAKEEL AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking anticipatory bail in Crime No. 156/2013 of Basavakalyan Police Station registered on 04.08.2013 for the offence punishable under Section 420, IPC. It is the case of the complainant Shivakumargouda that he had purchased the lorry from the petitioner and he has paid a sum of Rs. 2,36,000/- but the petitioner has not given the documents of the lorry after taking the aforesaid amount from the complainant. Hence, it is stated that the petitioner has cheated complainant in respect of the amount taken by him.

(2.) Sri. Shivanand V. Pattanashetty, learned counsel for the petitioner submits that it is a civil transaction between the petitioner and the complainant and that no criminal aspect is involved in this case.

(3.) Sri. Sanjay A. Patil, learned Addl. SPP on the other hand submits that the complainant has stated in the complaint that the petitioner is involved in theft of lorries and the sale of said lorries to gullible, innocent people. The offences alleged are not punishable with death or imprisonment of life and nor exclusively triable by the Court of Sessions. There appears to be some misunderstanding between the complainant and accused in respect of the sale of the lorry. However, the petitioner has to be available for interrogation but his detention may not required at this stage. Hence, the following: