BHISOP NAMDEV LAKSHMAN KARKARE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.

(2.) This petition under Sec. under Sec. 438 of Cr.P.C (Old) under Sec. 482 BNSS (New) Act, is filed by the petitioners/accused Nos.14 and 26 to enlarge them on bail in the event of their arrest in Crime No.3/2024, registered by the Kalaburagi City CEN Police Station, for the offences punishable under Ss. 120(B), 149, 406, 419, 420, 465, 468 and 471 read with Sec. 149 of IPC.

(3.) The complainant Ambrish was introduced to the accused No.1 by accused No.4, who were in real estate business. It was alleged that a piece of land measuring 06 acres 05 guntas in Sy. No.7/2 was shown to be belonging to the Christian community and it is situated in the heart of Kalaburagi City and as such the accused convinced the complainant. Therefore, he agreed to purchase the said land. Accused Nos.1 to 5 went to the Baldwin International School and the office of the Methodist Church, where they met accused Nos.14 to 21. After negotiations, they had entered into an agreement. The accused No.1 took the complainant to accused No.3 who had verified the documents and vouched for its correctness. Then the complainant had parted with a sum of rupees five crores to accused Nos.8 to 21 at the instance of the accused Nos.1 to 3. Ultimately, the complainant had paid a sum of Rs.20,23,43,140.00 to the accused persons. Then the accused had stated that a civil suit in O.S.No.521/2023 is pending and there is a stay. Therefore, the sale could not be completed. It was alleged that since the accused had entered into an agreement with the intention that it should not be honoured, there was a cheating. Therefore, a complaint came to be filed. Obviously, the transactions between the complainant and the accused were through bank transaction also. Now, the accused Nos.17 and 18 in the FIR have approached this Court seeking anticipatory bail.