VENKATARANGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these petitioners have filed these petitions under Section 439 of Cr.P.C., by petitioners-accused Nos.1 and 2 respectively for granting bail, for the offences punishable under Sections 120-B, 255, 260, 417, 420, 423, 426, 465, 467, 468, 471 read with Section 34 of IPC of Halasuru Gate Police Station, Bengaluru, in Cr.No.281/2018.

(2.) The case of the petitioners in the trial Court is that the complainant - Mary Gabriel filed a private complaint before the I Additional C.M.M., Bengaluru in PCR No.15689/2018 for the aforesaid offences and the said complaint referred to the police under Section 156(3) of Cr.P.C., and police have registered the case and filed chargesheet.

(3.) The allegation against the petitioner-accused No.1 in Crl.P.No.2317/2019 that this petitioner had executed an unregistered Agreement of Sale in favour of accused No.2 (i.e., petitioner in Crl.P.No.2349/2019) for sale consideration and subsequently accused No.2 had filed a civil suit against accused No.1 for specific performance of contract to execute the sale deed in his favour. The complainant is also defendant No.2 in the said suit who came on record as legal representative of her husband by claiming to be ownership over the said property. After lodging the complaint, petitioners have been arrested and they are in judicial custody.