Prakash Kumar Singh and Others vs The State of Karnataka

H.S. Kempanna, J.—The petitioners, who are arrayed as accused in Crime No. 465/2013 on the file of the respondent/police registered for the offences under Sections 406, 420 r/w. 34 of IPC, are before this Court praying for grant of anticipatory bail. It is alleged among other things in the complaint, the complainant had bought a flat in an apartment known as M/s. Sovereign Unnathi Projects situated on Kalkeri main road, Kalkeri, Bangalore City. He had paid a sum of Rs. 15 lakhs initially and subsequently one more lakh to the petitioner who are the Directors and Employees of the aforesaid project. Thereafter, it is alleged that these petitioners demanded from the complainant who had been allotted flat in the said project to pay an additional sum of Rs. 8 lakhs towards flat that has been allotted to him. Therefore, according to the complainant, he has been cheated by these petitioners.

Sri. S.G. Bhagawan, learned counsel for the petitioners contends, as on today the complainant has not paid the amount of Rs. 8 lakhs, which is alleged to have been demanded by these petitioners. He submits, the averments in the complaint reveal the complainant has been allotted a flat in the project namely, M/s. Sovereign Unnathi Apartment after receiving an amount of Rs. 16 lakh from him. The alleged demand that is made from the complainant and others, who have been allotted flats in the same project, is towards the betterment charges to be paid to various statutory bodies for commissioning of the apartment. He further submits even accepting allegation as it is prima facie, there is nothing to indicate that the petitioners are not entitled to the relief sought for by them. Hence, they be granted anticipatory bail.

The application filed by the petitioners is opposed by the State. The offence alleged is one under Sections 406 and 420 of IPC. Bearing in mind the principle enunciated in Shri Gurbaksh Singh Sibbia and Others Vs. State of Punjab, and taking into consideration the offences alleged, the background in which the transaction has taken place, I do not find any justification to decline the request of the petitioners. Accordingly, I proceed to pass the following:--

ORDER

Petition is allowed.

The petitioners in the event of their arrest in Crime No. 465/2013 on the file of the respondent/police, the said police are directed to release them on bail on each of them executing a personal bond in a sum of Rs. 50,000/- with one surety for the likesum to the satisfaction of the said police, subject to the following conditions:--

They shall appear before the respondent/police on or before 30.12.2013 for the purposes of their arrest and release.

They shall not tamper with the prosecution witnesses.

They shall make themselves available to the Investigating Agency as and when required for the purposes of investigation.