Allowed

Sri Arif Abu Suffian Khatai Arif v. the State of Karnataka

Karnataka HC26 Mar 2024CRL.P/1086/2024

Case brief

AI extract

What is this about?

The High Court allowed anticipatory bail for petitioners accused of cheating and breach of trust, noting the parties had settled the dispute and the first informant refunded the amount. The Court imposed conditions including surrender to the IO within fifteen days and availability for interrogation.

What did the court decide?

Anticipatory bail granted subject to executing personal bond of Rs.50,000 with one surety, surrendering to IO within 15 days, and adhering to standard conditions.

Sri Arif Abu Suffian Khatai Arif Vs the State of… — Cheating and Forgery | Karnataka HC (2024)

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1 - NC: 2024:KHC:12386 CRL.P No. 1086 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 1086 OF 2024 (438)

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BETWEEN:

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SRI. ARIF ABU SUFFIAN KHATAI ARIF, S/O. LATE SYED NOORULLA HASSAN KHATAI, AGED ABOUT 60 YEARS, NO.113, 34TH CROSS, 9TH MAIN, BSK 2ND STAGE, BENGALURU SOUTH, BENGALURU - 560 070.

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SMT. SYEDA MASSARATH UNNISA ARIF W/O. SRI. ARIF ABU SUFFIAN KHATAI ARIF, AGED ABOUT 60 YEARS, NO.129, 3RD CROSS, OPP MOSQUE, JHBCS LAYOUT, BENGALURU SOUTH, BENGALURU - 560 078.

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Digitally signed by SOWMYA D Location: High Court of Karnataka

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(BY SRI. HANDRAL NINGAPPA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY KENGERI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…PETITIONERS

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…RESPONDENT

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(BY SRI. B. LAKSHMANA, HCGP, ADVOCATE)

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2 - NC: 2024:KHC:12386 CRL.P No. 1086 of 2024

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.601/2023 OF KENGERI P.S., BENGALURU CITY FOR THE OFFENCE P/US/.506,406,420 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE 4th ACMM AT BENGALURU AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners have filed by this petition under Section 438 of Cr.P.C. seeking Anticipatory Bail in the event of their arrest in Kengeri Police Station Crime No.601/2023 registered for the offences punishable under Sections 406, 420, 506 r/w 34 of IPC, pending on the file of 4^th Additional Chief Metropolitan Magistrate, Bengaluru City.

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The brief factual matrix of the case are that, the first informant has entered a lease agreement in respect of Apartment house for Rs.7 lakh for a period of two years with accused No.3, who is GPA holder of accused Nos.1 and 2. It is alleged that thereafter accused No.1 has also received a sum of Rs.1 lakh from the informant. On 10.08.2023 again accused No.1 sent notice to vacate the

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3 - NC: 2024:KHC:12386 CRL.P No. 1086 of 2024

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apartment. On 15.10.2023 it is further alleged that he has also received Rs.15,000/- each from occupants for installing separate meter to the apartment houses totally to the tune of Rs.3,05,000/-. However, the IDBD bank has affixed notice to the apartments for default in payment of the loan and then it is revealed that accused Nos. 1 to 3 have sold the apartment to one Tanuja on 07.12.2022 itself, who has defaulted and thereby cheated the complainant. Hence, the complaint came to be lodged. Apprehending their arrest, the petitioners, who arraigned as accused Nos.1 and 3 have approached the learned Sessions Judge seeking for Anticipatory Bail and their bail petition came to be rejected and hence, they are before this Court.

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Heard the learned Counsel for the petitioners/accused and the learned HCGP for the Respondent-State. Perused the records.

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Learned counsel for the petitioners has also produced the documents along with memo to show that

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4 - NC: 2024:KHC:12386 CRL.P No. 1086 of 2024

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subsequently, an agreement was entered between the parties and an amount of Rs.8 lakhs which was paid by first informant was already refunded to him by Demand Draft. He has also produced the copy of the memorandum of understanding entered between the parties in this regard. The proposed respondent No.2, who initially filed an application for getting impleaded seeking permission to assist the prosecution, later on, withdrawn the application submitting that matter is settled between the parties. In view of the same, the parties have got resolved their dispute and in view of the settlement of the matter and considering the nature of civil litigation, I do not find any impediment for admitting the petitioners on anticipatory Bail .

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The other apprehensions raised by the learned

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HCGP can be meted out by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:

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NC: 2024:KHC:12386 CRL.P No. 1086 of 2024

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ORDER

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The petition is allowed .

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The petitioners/Accuse Nos.1 and 3 are ordered to be enlarged on Anticipatory bail in the event of their arrest in Crime No.601/2023 of Kengeri Police Station, Bengaluru City, registered for the offences punishable under Sections 506, 406, 420 r/w. 34 of IPC, now pending before the 4^th Additional CMM Court, Bengaluru City, on each of petitioners executing their personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety each for the like-sum to the satisfaction of the concerned Court subject to following conditions:-

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(i) Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release them within 15 days on bail as directed.

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(ii) They shall not directly or indirectly tamper with any of the prosecution witnesses.

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NC: 2024:KHC:12386 CRL.P No. 1086 of 2024

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(iii) They shall not indulge in any similar offences.

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(iv) They shall make themselves available to the Investigating Officer for interrogation whenever called for during course of investigation.

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Sd/JUDGE

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AMM List No.: 1 Sl No.: 39

Sri Arif Abu Suffian Khatai Arif v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Arif Abu Suffian Khatai Arif v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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