RAJESH KUMAR AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are accused Nos. 1 to 3 in Cr. No. 109/2014 of Hebbal Police Station have filed this petition under Sec. 438 of Cr.P.C., praying for grant of anticipatory bail.

(2.) It is stated in the petition that the petitioner No. 1 is the husband of petitioner No. 2. The petitioners 1 to 3 are the Directors of a Company by name M/s. Construction Solutions Private Limited. The Company is carrying on its business in the field of construction and development in and around Bengaluru. The complainant and his three brothers executed a Joint Development Agreement with a company in the name and style of M/s. Anriya Project Management Services Private Limited to develop the land bearing Nos. 24/3B and 25/3 measuring in all 2 acres and 30 guntas situated at Vishwanatha Nagenhalli Village, Kasaba Hobli, Bengaluru North Taluk. The complainant and his brothers under the Joint Development Agreement had received a sum of Rs. 2,50,00,000/ - from the Company. The complainant and his brothers forced M/s. Anriya Project Management Services Private Limited to construct additional floors beyond what was sanctioned. On refusal of the Company to accede to the illegal demands of the complainant and his brothers, the lands could not be developed. M/s. Anriya Project Management Services Private Limited had obtained all necessary permits and sanctions for putting up construction of a residential building. As the complainant, his brothers and M/s. Anriya Project Management Services Private Limited could not reach an understanding, it was decided by the complainant and his two brothers to sell their share in the above mentioned property to M/s. Construction Solutions Private Limited. The third brother of the complainant decided not to sell his share in the above mentioned property in favour of M/s. Construction Solutions Private Limited. On 10.11.2010, the complainant and his two brothers including all their family members executed three different sale deeds in favour of M/s. Construction Solutions Private Limited represented by the first petitioner. As per the terms of the sale -deeds executed on 10.11.2010, the complainant, his two brothers and their family members sold 81,000 sq.ft., in the above mentioned property in favour of M/s. Construction Solutions Private Limited for a total sale consideration of Rs. 8,91,00,000/ -. On the date of execution and registration of the three sale -deeds, M/s. Construction Solutions Private Limited paid to the complainant, his two brothers and their family members a total sale consideration of Rs. 30,00,000/ -. It was agreed that the remaining sale consideration would be paid by the petitioners to the complainant, his two brothers and family members vide post dated cheques which are mentioned in the sale -deeds.

(3.) After the execution of the sale -deed, on 10.12.2010, the petitioners mortgaged the property with M/s. Karnataka Co -Operative Apex Bank Limited to raise loans for the purpose of development of the property. Then the petitioners were informed by certain well wishers that the above mentioned properties were notified by the BDA for acquisition. The petitioners realized the fraud played on them by the complainant and his brothers. They instructed the Bank to stop payment of cheques issued by them. Thereafter, the petitioners called upon the complainant and his brothers to get the above property de -notified and thereafter, the remaining sale consideration would be paid. Thereafter, the complainant and his brothers approached the petitioners and informed that the land was de -notified by the BDA. They produced an endorsement also. The petitioners not believing the complainant, filed an application to the BDA. On 2.2.2011, the petitioners were informed that the BDA has issued preliminary and final notifications in respect of the above mentioned lands and they have not been de -notified. Subsequently, the BDA has issued clarifications on 27.4.2011 and 27.06.2011.