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2016 Supreme(Kar) 555

RATHNAKALA
H. Manjunatha – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant : H.H. Shetty, A. Rafi
For the Respondents: S. Chandrashekaraiah

ORDER :

Rathnakala, J.

1. Heard the learned Counsel appearing for both parties.

2. The respondent/Police charge sheeted the revision petitioner in respect of the offence under Section 420 of IPC.

3. The allegation was that the petitioner/accused, a married person, suppressing the said fact advertised through a daily newspaper for a prospective bride. Thus he came in contact with CW-1/Smt. Bhagyamma, the mother of CW-2/Roopashree. He persuaded Bhagyamma to sell her site and entered into an agreement of sale with CW-4/Smt.Renukamma on 11.6.2007. He received the advance amount of Rs. 3,25,000/- from the proposed purchaser with the consent of Bhagyamma towards the expenses of his proposed marriage with Roopashree, but subsequently retreated from the proposal to marry the girl.

4. During the trial, prosecution examined PWs-1 to 8 and marked documents Exs. P1 to P7. The accused took the stand of total denial and denied all the incriminating evidence appearing against him during his examination under Section 313 of Cr.P.C. He did not opt to adduce defence evidence. The Trial Court after giving its audience to both parties found the accused/petitioner guilty in respect of the offence under Sect












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