Familial relationship and lack of specific allegations can be considered in granting anticipatory bail. Prevention of witness and evidence tampering is crucial in bail decisions.

N.K. SUDHINDRARAO, J.

1. Learned counsel for the petitioner in Criminal Petition No. 9207/2017 submits that the matter be taken up along with Criminal Petition No. 9121/2017 as both the petitions are arising out of same crime number.

2. Submission considered and both the petitions are taken up together.

3. These petitions are filed by the petitioners/accused Nos. 2 and 3 under Section 438 of the Code of Criminal Procedure seeking direction to the respondent - Police to release them on bail in the event of their arrest in Crime No. 155/2017 for the alleged offences punishable under Sections 406, 417, 420, 468, 471 and 506 of the Indian Penal Code, 1860.

4. In order to avoid wastage of judicial time, the facts of the case is culled out from the order passed by the IV Additional District and Sessions Judge, Mandya:

"In the complaint, it is alleged that the accused No. 1 by name Shivakumar is known to the complainant and his friends by name J.N. Gundurao, Chandrashekar, Smt. Vijayalakshmi and Shridharashastri since many years. In the year 2014, the accused No. 1 came to the house of the complainant situated at Ashoknagara, Mandya and told that in the land belonging to him situated at Ajjipura Village, Hanuru Hobli, Kollegal Taluk, Chamarajanagar District to the extent of 16 acres 81 cents, there is granite and he told that granite business may be carried out in the land and asked the complainant to invest the money for quarry business on partnership. Further A-1 told that he has obtained license from the Government to do quarry business in his land. Accordingly, the complainant and his friends agreed with the accused No. 1 and visited the spot. Accused No. 1 has shown his land wherein black granite available and thereafter A-1, complainant and his friends have come to a terms and accordingly a written Memorandum of Understanding (MOU) dated 11.6.2014 has been executed at Mandya agreeing to invest Rupees Six crores and also agreed to pay initial investment of Rs. 1,50,00,000/- to A-1 and having decided to open a partnership firm office at Mandya and started in the name and style as Sri Balaji Granite in the year 2014. Accused No. 1 took Rs. 1,00,00,000/- for the purpose of conversion of land and to get vacated the houses in the said land. For that purpose A-1 took a sum of Rs. 1,00,00,000/-. Again in the month of February to April, accused No. 1 had taken a sum of Rs. 10,00,000/-. In spite of it, there was no progress in the land so as to do granite business. The complainant and his friends came to know that the accused No. 1 did not invest the said Rs. 1,10,00,000/- for needful work in the said land so as to carry out the quarry business enquired with the accused No. 1 but he did not picking up the phone and not available to the complainant and one or the other reason he avoided the complainant. Thereafter the complainant went to the house of accused No. 1 and after discussion, the accused No. 1 has executed an Agreement of Sale dated 18.8.2016 registered before the Sub Registrar, Hanuru and accused No. 1 obtained Rs. 50,00,000/- on that day. In spite of it, accused No. 1 did not carry out any work as per MOU. Thereafter the complainant on going through the conduct of accused No. 1 when enquired came to know that the accused No. 1 has created and forged documents along with these petitioners 1 to 3 and the complainant also came to know that the accused No. 1 prior to enter into the present MOU with the complainant, in the month of November 2013 had an agreement with one B. Puttappa, D. Ravikumar and S.N. Kumar for the purpose of doing granite business in the same property and he obtained Rs. 1,10,00,000/- from them. It is further contended in the complaint that accused No. 1 along with this petitioner Nos.1 to 3 with an intention to cheat the complainant have created the document and they suppressed the fact that in the surrounding area wherein the property is situated there are houses constructed by the Government under Ashr