ADITYA KANKARIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner in all these 3 cases is common. What is called in question is different crimes registered against the petitioner. Criminal Petition 1375 of 2022 relates to Crime No.13 of 2022 registered for offences punishable under Ss. 406, 420, 447, 467, 468 and 417 of the IPC. Criminal Petition 1330 of 20222 relates to a challenge to crime No.14 of 2022 for the very same offences. Criminal Petition 1041 of 2022 arises out of Crime No.49 of 2021 registered for offences punishable under Ss. 13(1)(a) and 13(2) and Sec. 12 of the Prevention of Corruption Act, 1988 ('Act' for short). Since the facts that arose for registering the aforesaid crimes are similar and the petitioner being common, these matters are taken up together and disposed by this common order. For the sake of convenience, facts obtaining in Criminal Petition 1375 of 2022 are considered.

(2.) Heard Sri Amar Correa, learned counsel appearing for petitioner, Sri.Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1 in Crl.P.No.1375 of 2022 and 1330 of 2022 and Sri.B.B.Patil, learned Special Public Prosecutor appearing for respondent No.1 in Crl.P.No.1041 of 2022 and Smt.B.N.Gauri, learned counsel along with Sri. Vinudeep R., learned counsel appearing for respondent No.2, in all the petitions.

(3.) The genesis of the problem is a Joint Development Agreement entered into between the petitioner/Company and the complainant's family. The complainant is the 2nd respondent. The petitioner is one of the Directors of M/s.KSM Niketan Pvt. Ltd., a Company incorporated under the provisions of the Companies Act, 1956. As observed hereinabove, the Company enters into a registered Joint Development Agreement of a property in Sy.No.152 measuring 4 acres and 20 guntas situated in K.R.Puram Hobli, Bengaluru. The agreement is executed by all the children of one Muninarasamma, who was the owner of the said property. The step children are said to have been the confirming parties to the said agreement, which included the complainant.