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Judgment
9 paragraphs · 402 wordsH.S. Kempanna, J.—The petitioners, who are accused Nos. 1 and 2 in Cr. No. 430/2013 on the file of the respondent--Police, registered for the offences punishable under Sections 120(B), 406, 420, 506, IPC are before this Court praying for grant of anticipatory bail. It is alleged among other things in the complaint that these two petitioners had sold the site bearing No. 4 culled out in Sy. No. 104 of Bilishivale Village to the complainant for a sum of Rs. 12.00 lakhs. On verification, the complainant learnt accused Nos. 4 and 5 in this case who are the original owners of the said site had sold the same in favour of one Lokeshappa during the year 2005. The petitioners despite knowing this fact have suppressed the same and have sold the site to him by taking the amount and thus they have cheated him.
Learned counsel for the petitioners contends A-3 in this case who is alleged to have mediated the sale of site in favour of the complainant has been granted bail by this Court in Crl. P. No. 5003/2013. The petitioners have sold the site in favour of the complainant by virtue of GPA dated 21.09.2005 executed in favour of accused No. 2 by the original owners. Hence, they have not committed any offence. They do not know the sale made in favour of Lokeshappa. Therefore, they be granted anticipatory bail.
The application is opposed by the State. Taking into account the background in which the transaction has taken place, the offences alleged, punishment provided and as accused No. 3 has already been granted bail by this Court there is no justification to decline the request of these petitioners also. Accordingly, I proceed to pass the following:
ORDER
Criminal Petition is allowed.
The said petitioners, in the event of their arrest by the respondent Police, in Crime No. 430/2013 of their Police Station they 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 said Police, subject to the following conditions:--
They shall appear before the respondent police on or before 15.01.2014 for the purpose of their arrest and release;
They shall not tamper with the prosecution witnesses;
They shall make themselves available to the investigating agency as when required by them for investigation.