The main legal point established in the judgment is the interpretation and application of key legal provisions related to fraud, cheating, and creating false documents under the Indian Penal Code.

JUDGMENT

H.P. Sandesh, J. - This petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.215/2021 registered by Basaveshwara Nagar Police Station, Bengaluru, for the offences punishable under Sections 323, 354, 504, 506, 420, 468, 471 and 120B read with Section 34 of IPC pending on the file of V aCMM Court, Bengaluru.

2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution is that the complainant had lodged the complaint stating that petitioner No.1 and his associates cheated her by creating the documents. When she had questioned the same, the petitioners were abused her in a filthy language and outraged her modesty by tearing her cloths and assaulted on her shoulder and threatened to her life. The complainant in the complaint stated that the wife of the petitioner No.1 is her classmate and she came in contact with petitioner No.1 when she was looking for purchasing the land in the outskirts of Bengaluru and petitioner Nos.1 and 2 showed her land measuring 19 acres 10 guntas at Sathanur Grama, Jala Hobli, Bengaluru North Taluk standing in the name of Smt. Rathnamma W/o Lakshman Gupta and in this regard, it was finalized for an amount of Rs.7 crore and the complainant had agreed to purchase the said land in the month of July 2017. Thereafter, on 31.08.2017, Smt. Rathnamma, her children and one partner Sri P.G.Nataraja-petitioner No.2 herein has executed the registered sale agreement along with possession of the land in her favour and received the entire sale consideration from the complainant and also executed the registered GPa, petitioner No.2 also executed the deed of declaration on 15.03.2018 in the presence of accused No.3-petitioner No.3 herein. Thereafter, the revenue proceedings were also taken place. But the said P.G.Nataraja-petitioner No.2 along with other petitioners have executed the sale deed in favour of one Umesh Shyama Raju vide sale deed dated 26.07.2021 and hence, the complainant lodged the complaint for the aforesaid offences.

4. The learned counsel appearing for the petitioners would vehemently contend that these petitioners have not at all committed any offence as alleged by the complainant and even there are no ingredients of offences are made out in the complaint and the complaint is very vague and with the sole intention to harass these petitioners, the present complaint is filed. The averments of the complaint itself goes to show that she is a party to all the alleged transactions i.e., agreement of sale, deed of declaration, sale deed dated 26.07.2021, MOU dated 12.03.2018 in respect of the particular land and she had also received crores of rupees from Shyamaraju, Umesh Shyama Raju by way of cheque and got deposited in to her account and inspite of receiving money from the concerned persons, being party to the alleged sale transaction and being aware of every transaction in respect of the land in question, the complainant has filed this false and frivolous complaint with an ulterior motive.

5. The learned counsel for the petitioners brought to notice of this Court that the dispute is in civil in nature and the same was adjudicated before the assistant Commissioner and the complainant being aware of the said fact, with an intention to implicate these petitioners, a false complaint is filed. The learned counsel for the petitioners would submit that in the alleged agreement of sale, MOU, deed of declaration, sale deed, the complainant is a party in almost all the documents in the capacity as a GPa holder. absolutely, there is no mention of iota of allegations and the role played by each of the petitioners. The entire allegations in the complaint are civil in nature and the complainant is attempting to convert the civil litigation into the alleged crime. The remedy available to the complainant is that sh