MOULA SHARIFF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioners/accused Nos.2 to 4 under Section 438 of Cr.PC praying this Court to release them on anticipatory bail in Crime No.156/2018 of J.C.Nagar Police Station, Bengaluru for the offences punishable under Section 468, 471 and 420 of IPC.

(2.) I have heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State and also learned counsel who represents the complainant by virtue of I.A.No.1/2019.

(3.) The gist of the complaint is that the complainant is the owner of the property bearing Municipal No.23, situated at Benson town, Bengaluru which was purchased by her husband in public auction in the suit O.S.No.111/1971 and 112/1971. It is further alleged that Sri Mohammed Sabi accused No.1 has executed an agreement of sale in respect of said property in favour of the petitioner-accused No.2 and thereafter, she came to know that accused No.1 has created Special Power of Attorney in respect of the said property and has got registered the sale deed for a sum of Rs.45,00,000/-. It is further alleged that the petitioners-accused Nos.2 and 3 in collusion with accused No.1 created forged Special Power of Attorney with an intention to knock away the property belonging to the complainant. On the basis of the complaint, a case was registered in the above said crime.