ORDER :

This Criminal Petition is directed against the order passed by the Court below in Crl. R.P. No. 65/2019 dated 01.07.2019, whereby confirmed the order passed by the learned III Addl. Senior Civil Judge & CJM, Dharwad, dated 31.05.2019 pertaining to the case in Crime No.74/2019 of Vidyagiri Police Station, consequently in this petition seeking to allow the application filed by the petitioner under Section 451 of Cr.P.C.

2. The factual matrix of this petition are as under:

The complainant namely G.R.Ravikumar filed the complaint before the respondent Police on 07.05.2019, inter alia contending that the complainant who is cultivating the land to the extent of 25 acres in which he is growing Bittle Nut, Pomegranate, Papaya. Apart from that he is also engaged in travel business. The complainant knew a person by name Fayaz from Davanagere, he informed that he will get gold at lesser price. Since he was also intending to purchase gold, by believing the words of Fayaz, he spoke to his friend namely Jakeer Husen, the petitioner herein and both have come to Hubballi on 04.04.2019, that they reached Dharwad and entered a house namely “Matha Pitru Chaya” situated at Rajatgiri area. When th