R. Krishnamurthy vs State Of Karnataka

Sreenivas Harish Kumar, J

Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.

This is a petition under Section 438 Cr.P.C. The petitioner is accused no.1 in a private complaint lodged by one S.Nagaraj in the court of Chief

Judicial Magistrate, Tumkuru, for the offences punishable under Sections 418, 420, 465, 468, 469, 471, 504 and 506 of IPC.

The complaint discloses that the petitioner and his wife entered into an agreement with the complainant on 07.01.2016 for selling their property to

the complainant for a consideration of Rs.1,50,00,000/- and received earnest money of Rs.70,00,000/-. It is alleged that after the agreement came into

existence, the petitioner mortgaged the same property in favour of Someshwara Pattina Sahakara Sangha Niyamita, Tumakuru suppressing the

agreement and thereby he cheated the complainant. The Magistrate has referred the matter to the police for investigation. Hence this petition for

anticipatory bail.

The learned counsel for the petitioner submits that on 18.02.2020 itself, the petitioner got issued legal notice to the complainant canceling the

agreement and thereafter the private complaint was lodged on 19.02.2020. The matter is purely civil in nature and therefore there are no prima facie

materials, in the allegations made against the petitioner. He also submits that the petitioner is ready to co-operate with the investigation officer.

The High Court Government Pleader opposes grant of anticipatory bail.

It appears that the dispute between the petitioner and the complainant is purely civil in nature. All the allegations that have been made against the

petitioner in the private complaint requires thorough investigation. The legal notice dated 18.02.2020 shows that the petitioner does not deny to have

entered into agreement with the complainant, but he cancelled it. In view of this, I am of the opinion that there is no impediment for granting

anticipatory bail by subjecting the petitioner to some conditions. Hence the following:-

ORDER

i. Petition is allowed.

ii. In the event of petitioner being arrested by the respondent/police, in connection with PCR. No.06/2020 before the Chief Judicial

Magistrate, Tumakuru, he shall be released on bail, on obtaining from him a bond for Rs.1,00,000/-(Rupees One Lakh only) and two

sureties for the likesum to the satisfaction of the Investigating Officer.

iii. The petitioner shall appear before the investigation officer as and when his presence is required for investigation.

iv. The petitioner shall not threaten the witnesses and destroy the evidence in whatsoever manner.

v. He shall mark his attendance once in a fortnight before the investigation officer, preferably on Monday between 9.00 a.m. and 12.00

noon, till the investigation is completed.