MARUTI GURUJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner - accused under Section 438 of Cr.P.C., seeking anticipatory bail in APMC Navanagar P.S. Crime No.53/2019 for the alleged offences punishable under Sections 406 and 420 of IPC. The Police are making hectic efforts to arrest this accused. Therefore, the counsel is praying for enlarging the petitioner on bail in the event of his arrest by the Police among the grounds urged therein.

(2.) The factual matrix of this petition are as under: It is stated in the complaint that on 26.07.2019, the petitioner said to be arraigned as accused and so also the persons namely Azaz Khan @ Durgesh resident of State of Madhya Pradesh and Imtiyaz Shaikh Khadri @ Shoukhat resident of Gokak have cheated the complainant by saying that the amount in deposit will be paid in double within a period of three months. Believing the words of the accused persons, the complainant gave an amount which narrated in the complaint. Based upon the complaint, the crime came to be registered and thereafter proceeded with the case for investigation.

(3.) It is further stated in the complaint that there is no whisper about the financial transaction took in between the complainant and the persons said to be arraigned as accused. But the amount so paid by him on 26.01.2019 and on 06.02.2019 in a sum of Rs.6,30,000/- and so also Rs.15,00,000/- respectively by way of cash. It is further narrated in the complaint that the other transaction which took in between them with two other Banks. The complaint came to be filed by the complainant as wherein the accused have been cheated the complainant in a total sum of Rs.31,60,000/-, who in turn given an assurance that the said amount will be returned along with double amount.