APPEARED THROUGH VC) v. (BY SMT. ANITA M. REDDY, HCGP)

(BY SRI. PRAKASH YELI, ADVOCATE FOR PETITIONER APPEARED THROUGH VC) …PETITIONERS AND: THE STATE OF KARNATAKA THROUGH KALABURAGI CITY CEN CRIME POLICE, REPRESENTED BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, KALABURAGI-585102. (BY SMT. ANITA M. REDDY, HCGP) …RESPONDENT - 2 - NC: 2024:KHC-K:5867 CRL.P No. 200857 of 2024 THIS CRL.P FILED U/S. 438 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL, IN THE EVENT OF THEIR ARREST BY THE KALABURAGI CITY CEN CRIME POLICE IN CRIME NO. 03/2024, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER 120(B), 406, 419, 420, 465, 468, 471 R/W. SECTION 149 OF INDIAN PENAL CODE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. JUSTICE C M JOSHI)

1. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.

2. This petition under Section 438 of Code of Criminal Procedure (for short 'Cr.P.C.") is filed by the petitioners - accused Nos.17 and 18 to enlarge them on bail in Crime No.3/2024, registered by the Kalaburagi City CEN Police Station, for the offences punishable under Sections 120(B), 149, 406, 419, 420, 465, 468 and 471 read with Section 149 of IPC. - 3 - NC: 2024:KHC-K:5867 CRL.P No. 200857 of 2024

3. The complainant – Ambrish was introduced to the accused No.1 by accused No.4, who were real estate business. It was alleged that a piece of land  measuring 06 acres 05 guntas in Sy.No.7/2 was shown to be belonging to the Christian community and it is situated in the heart of Kalaburagi City and as such the accused convinced the complainant. Therefore, he agreed to purchase the said land. The accused Nos.1 to 5 went to the Baldwin International School and the office of the Methodist Church, where they met the accused Nos.14 to

21. After negotiations, they had entered into an agreement. The accused No.1 took the complainant to accused No.3 who had verified the documents and vouched for its correctness. Then the complainant had parted with a sum of rupees five crores to accused Nos.8 to 21 at the instance of the accused Nos.1 to 3. Ultimately, the complainant had paid a sum of Rs.20,23,43,140/- to the accused persons. Then the accused had stated that a civil suit in O.S.No.521/2023 is pending and there is a stay. Therefore, the sale could not be completed. It was - 4 - NC: 2024:KHC-K:5867 CRL.P No. 200857 of 2024 alleged that since the accused had entered into an agreement with the intention that it should not be honoured, there was a cheating. Therefore, a complaint came to be filed. Obviously, the transactions between the complainant and the accused were through bank transaction also. Now, the accused Nos.17 and 18 in the FIR have approached this Court seeking anticipatory bail.

4. The learned counsel appearing petitioners would submit that there is no specific role assigned to the accused Nos.17 and 18. Money had been received by other accused. As such, there is no need for the custodial detention of these petitioners. It is submitted that though it was alleged that the accused Nos.17 and 18 had accompanied the complainant to Bengaluru for negotiations, but they had no role to play in fructification of the contract. Therefore, it cannot be said that the petitioners are also involved in the commission of the offence. It is submitted that the accused Nos.2, 3, 6 and 7 are granted bail by this Court in Crl.P.No.200188/2024, - 5 - NC: 2024:KHC-K:5867 CRL.P No. 200857 of 2024 200642/2024, 200485/2024 and therefore, the petitioners are also entitled for bail on the ground of parity.

5. Per contra, the learned High Court Government Pleader appearing for the respondent – State would submit that the matter pertains to cheating of a huge amount to the tune of more than rupees twenty crores. Therefore, it is submitted that the investigation is under progress. As such it would not be proper to grant the anticipatory bail. It is submitted that the matter is entrusted to the CID and the CID is yet to commence the investigation.

6. A perusal of the records would show that the role of the petitioners who are arrayed as accused Nos.17 and 18 is not specifically decipherable from the complaint. Though, it is mentioned that the accused Nos.17 and 18 had accompanied the complainant to Bengaluru during negotiations, none of the money parted by complainant was received by the petitioners herein. It is necessary to note that though a case was registered on

02.01.2024, the progress of investigation by the CID is not - 6 - NC: 2024:KHC-K:5867 CRL.P No. 200857 of 2024 forthcoming. Therefore, it appears that there is no need for custodial detention of the petitioners herein. The contention of the learned HCGP that the 2nd petitioner is involved in a similar offence at Kolar, cannot be a ground to reject the petition. Hence, the petitioners are entitled for the anticipatory bail. Consequently, the petition deserves to be allowed. Accordingly, the following; O R D E R The criminal petition is allowed. In the event of arrest in Crime No.3/2024 for the offences punishable under Sections 120 (B), 149, 406, 419, 420, 465, 468 and 471 read with Section 149 of IPC, registered by the Kalaburagi CEN Crime Police Station, Kalaburagi, the arresting officer is directed to release the petitioners - accused Nos.17 and 18 on bail subject to following conditions: i) The petitioners furnish personal bond for a sum of Rs.2,00,000/- each with one surety for the likesum to the satisfaction of the Arresting Officer; - 7 - NC: 2024:KHC-K:5867 CRL.P No. 200857 of 2024 ii) The petitioners shall appear before the Investigating Officer within 15 days from the date of this order and co-operate for the investigation, if necessary; iii) The petitioners shall furnish their residential address and other contract details to the SHO of Kalaburagi CEN Crime Police Station, Kalaburagi within 15 days from the date of this order; iv) The petitioners shall not tamper with the prosecution evidence or witnesses directly or indirectly in whatsoever manner; v) The petitioners shall appear before the learned Magistrate/Trial Court as and when directed. Sd/- (C M JOSHI) JUDGE SMM LIST NO.: 19 SL NO.: 2