G. ADITYA DEVADIGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of anticipatory bail in Crime No.16/2024, of Kundapura Police Station, pending on the file of the District And Sessions Judge Kundapura, registered for the offences punishable under Ss. -406 and 420 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Gopala Shetty.

(2.) Heard Sri.Krishna Swamy.S, learned counsel for the petitioner and Sri.Vinay Mahadevaiah, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is arrayed as sole accused. He is innocent and law abiding citizen. He has not committed any offence as alleged. He has been falsely implicated in the matter without any basis. He is having apprehension of being arrested, therefore, he is before this Court. Learned counsel for the petitioner submitted that the petitioner had agreed to purchase a Toyota Urban Cruiser vehicle from the complainant for a total sum of Rs.9,25,000.00 and paid an advance amount of Rs.25,000.00. The balance of Rs.9,05,000.00 was agreed to be paid through HDFC bank with whom the vehicle was hypothecated. The RC is not yet transferred in the name of the petitioner. In the meanwhile, the complainant filed the first information with the police alleging that the petitioner has not repaid the installments through the HDFC bank. However, the Police did not register the complaint for the reason that the same is purely a civil dispute. However, the complainant filed a private compliant making similar allegations and the trial court directed registration of the FIR and accordingly FIR was registered for the offence punishable under Ss. -420 and 406 of IPC. There are no prima-facie case made out against the petitioner. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition in the interest of justice.