N.H. PRASAD REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arraigned as accused Nos. 2 to 4, 7, 8 (in Crl. P. No. 9369/2018) and 1, 5 and 6 (in Crl. P. No. 9713/2018) in C.C. No. 6189/2018 (arising out of Crime No. 63/2017) registered by Kadugodi police station for the offence punishable under Section 120B, 406, 420, 468, 471, 506 read with Section 34 IPC now pending on the file of I CJM Court, Bengaluru Rural District, Bengaluru are before this court for quashing of the order dated 14.08.2018 taking cognizance for the said offences and have prayed for quashing of the proceedings by filing these two petitions. Since the facts as well as grounds urged are same and identical, these two petitions are taken up together for consideration, heard and disposed of by this common order.

(2.) Second respondent herein lodged a complaint with Kadugodi police station on 22.02.2017 (Annexure-C) alleging that one of his friend Sri Srinivasalu Reddy had introduced Sri N.H. Bhaskar Reddy, Sri N.H. Sarabha Reddy and Smt. Sailaja Reddy (accused Nos. 2 to 4) by informing the complainant that said persons are owning and possessing immovable property bearing Sy. No. 69/6 measuring 29 guntas situated at Sadaramangala village and they are intending to sell the said property as they are in financial crisis. The complainant further alleged that Sri Srinivasulu Reddy had informed that said property though worth Rs. 5 crores, the vendors are ready to sell for Rs. 3.5 crores and all the accused persons with a common intention to cheat the complainant had created fake documents and had sold the said property to complainant and C.Ws. 2 to 5. It is further alleged in the complaint that C.W. 1 to C.W. 5 came to know about said property being in litigation which was informed to the accused persons and in turn, the accused persons called C.W. 1 to C.W. 10 to their office for settlement and despite talks being held, they refused to return the amount and also threatened the complainant and others of dire consequences. The said complaint came to be registered in Crime No. 63/2017 by Kadugodi Police against the accused persons for the offences punishable under Sections 406, 420, 468, 406, 471 read with Section 34 IPC. The jurisdictional police after investigation had filed the charge sheet.

(3.) The jurisdictional Magistrate on perusal of the charge sheet material, by order dated 14.08.2018 has taken cognizance against the accused for the offence punishable under Sections 120B, 420, 468, 471, 506 read with Section 34 IPC and issued summons to accused. Subsequently, NBW came to be issued against accused persons. Petitioners are granted anticipatory bail by the VIII Additional District and Sessions Judge, Bengaluru.