LAWS(KAR)-2019-7-496

ANIL KUMAR.N.B. Vs. STATE OF KARNATAKA

Decided On July 18, 2019
Anil Kumar.N.B. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner has filed the petition seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings initiated in Crime No.09/2019 registered for the offences punishable under Sections 406, 420, 478 read with Section 34 of IPC.

(2.) The case of the prosecution is that accused No.2 and her husband who is accused No.1 are stated to have been obtained loan to the tune of Rs.30,00,000/- from the complainant and being unable to discharge the same, the accused had offered to sell a site at Mysuru, which would be the lieu of repayment. It is stated that accused No.1 showed a plot to the complainant and received Rs.7,50,000/- towards stamp duty and registration charges. However, sale transaction did not fructify. It is stated that subsequently, another plot at Sathagalli belonging to one Girijamma was offered to be sold to the complainant and the sale deed was executed. It is stated that later, it was discovered that the sale deed was executed by impersonation of the true owner. It is further stated that the petitioner is real estate agent and is also involved in the commission of offence. Accordingly, complaint was lodged, FIR is registered, and investigation is in progress.

(3.) It is to be noted that other accused apart from the petitioner are enlarged on anticipatory bail as per the order dated 08.02.2019. The motive, if any, is attributed to accused Nos.1 to 3, as regards the role of accused No.4, being involved in commission of the offence is a matter to be proved during the trial.