MR. KAPIL MATWANI v. THE STATE OF KARNATAKA

MR. KAPIL MATWANI S/O SACHANAND MATWANI AGED ABOUT 39 YEARS.

MR. KAMAL MATWANI S/O SACHANAND MATWANI AGED ABOUT 36 YEARS. BOTH THE PETITIONERS ARE R/AT: R-11, ROYAL CITY, NEAR ADITYA AWAS, BAJARANG NAGAR KOTA, RAJASTHAN - 324 001. (BY SRI AJAY PRABHU M, ADV.) AND: THE STATE OF KARNATAKA INSPECTOR OF POLICE/I.O C.E.N. CRIME POLICE STATION MANGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01. (BY SRI CHANNAPPA ERAPPA, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka …PETITIONERS …RESPONDENT THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNNS) CR.P.C BY PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.86/2024 ON THE FILE OF THE COURT OF 2nd - 2 - NC: 2024:KHC:35057 CRL.P No. 8687 of 2024 ADDITIONAL SENIOR CIVIL JUDGE AND CJM COURT, MANGALURU CITY REGISTERED BY CEN CRIME POLICE FOR THE OFFENCE P/US/ 406,409,504,506,420 R/W SEC.34 OF IPC BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused nos.1 & 2 in Crime No.86/2024 registered by CEN Crime Police Station, Mangaluru City, for the offences punishable under Sections 406, 409, 504, 506, 420 read with 34 IPC, are before this Court under Section 438 Cr.PC.

2. Heard the learned Counsel for the parties.

FIR in Crime No.86/2024 was registered by CEN Crime Police Station, Mangaluru City, against the petitioners herein for the aforesaid offences on the basis of the first information dated 20.07.2024 received from Rahul Gupta S/o late Ashok Kumar Gupta. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.641/2024 before the jurisdictional - 3 - NC: 2024:KHC:35057 CRL.P No. 8687 of 2024 Sessions Court, which was rejected on 13.08.2024. Therefore, they are before this Court.

In the first information, it is averred that the first informant is the Proprietor of Reyansh Trading Company and accused persons are the Proprietors of Arecanut Trading Company known as Parleen Trading Company. The first informant was acquainted with the accused from the year 2023 itself. It is alleged that on 28.03.2023, accused persons had approached the first informant for business purpose and first informant had sold 61 bags of arecanut to the petitioners and the entire price of the arecanut was paid to him. Later on, he allegedly had supplied arecanut to the petitioners from

17.05.2024 to 10.06.2024 worth about Rs.85,47,139/-, but petitioners had not paid the money for the supply so made by the first informant. It is in this background, first informant has approached the police alleging that the petitioners have cheated him.

From a reading of the first information, it is seen that there is a business transaction between the petitioners and the first informant and the petitioners are allegedly due to pay - 4 - NC: 2024:KHC:35057 CRL.P No. 8687 of 2024 certain amount to the first informant in respect of arecanut allegedly supplied by him. Considering the nature of allegations found in the first informant, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: