CR. MISC. NO.

: __________/2022

IN THE COURT OF THE I-ADDITIONAL DISTRICT AND

SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI

BETWEEN:

MR. MAHESH BHUPATKUMAR OZA

PROPRIETOR OF M/S. KARAN GROUP
BUILDERS & DEVELOPERS
Age: ____ Years, Occ: Business
R/o B/03, Miramar CHS, Plot No. 754,
Veer Savarkar Marg, Dadar (West),
Mumbai-400028.
Maharashtra State.
... PETITIONER
AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY PUBLIC PROSECUTOR
... RESPONDENT

PETITION UNDER SECTION 438 OF THE CODE OF

CRIMINAL PROCEDURE, 1973

1. The address of the Petitioner for the purpose of service of

Summons, Notice Process etc., is shown in the cause title
hereinabove.

2. The address of the Respondent for the very purpose is as

shown in the cause title above.

3. Herein, the Petitioner most respectfully and humbly states

and submits as under:-

BRIEF FACTS:

1. The Complainant Mr. Sanjay Danchand Ghodawat, has

filed a complaint in Ashoknagar Police Station, Hubli
alleging that some of his business partners were conspired
together and cheated him crores of rupees by criminal
breach of trust. On his complaint the following cases are
registered against the Petitioner with Ashoknagar Police
Station, Hubli, the details of which is enumerated herein-
below:-

(a) Crime No. 23/2018 on 10/06/2018 u/s 424, 506,

120B, 403, 149, 406, 471, 420, 415 of IPC;

(b) Crime No. 24/2018 on 15/06/2018 u/s 120(A), 403,

406, 415, 420, 424, 468, 471, 506 and 149 of IPC;

(c) Crime No. 25/2018 on 15/06/2018 u/s 424, 506,

149, 406, 120B, 403, 471, 420 and 415 of IPC;

(d) Crime No. 27/2018 on 19/06/2018 u/s 120B, 403,

406, 415, 420, 424, 471, 506 and 149 of IPC;

(e) Crime No. 28/2018 on 20/06/2018 u/s 120B, 403,

406, 415, 420, 424, 471, 506 and 149 of IPC;

(f) Crime No. 29/2018 on 25/06/2018 u/s 120B, 403,

406, 415, 420, 424, 471, 506 and 149 of IPC;

(g) Crime No. 30/2018 on 26/06/2018 u/s 120B, 403,

406, 415, 420, 424, 471, 506 and 149 of IPC;

(h) Crime No. 45/2018 on 09/10/2018 u/s 120B, 406,

415, 420, 424, 471, 506 and 149 of IPC;

(i) Crime No. 48/2017 on 26/03/2017 u/s 406, 420,

465, 467, 468 and 471 of IPC;

(A) In FIR No. 23/2018 the Petitioner is arraigned as

accused No. 9.

(B) In FIR No. 24/2018 the Petitioner is arraigned as

accused No. 13.
(C) In FIR No. 25/2018 the Petitioner is arraigned as
accused No. ____.
 (D) In FIR No. 27/2018 the Petitioner is arraigned as
accused No. 10.

(E) In FIR No. 28/2018 the Petitioner is arraigned as

accused No. 12.

(F) In FIR No. 29/2018 the Petitioner is arraigned as

accused No. ____.

(G) In FIR No. 30/2018 the Petitioner is arraigned as

accused No. ____.

(H) In FIR No. 45/2018 the Petitioner is arraigned as

accused No. 1.

(I) In FIR No. 48/2017 the name of the Petitioner is not

mentioned as an accused.

2. Based on false and frivolous complaint of the Complainant

Mr. Sanjay Danchand Ghodawat, the aforementioned FIRs
came to be registered by Ashoknagar Police Station, Hubli.
At present all the aforesaid FIRs has been transferred for
investigation purpose to the CID, Bengaluru. All the
aforesaid FIRs is registered by the Complainant with the
sole intention just to harass the Petitioner and to extort
money from the Petitioner and make illegal gains by
wrongful means from the Petitioner.

3. The CID Bengaluru has issued the Notice No.

CID/SED/Crm/Hubli-Ashoknagar PS/23/2018 dated
25/06/2022 to the Petitioner to record his statements and
to appear before the CID Bengaluru in person on
28/06/2022 for investigation purpose and to bring the
documents in respect of his firm registration, MOU, Tax
Certificates, his persons or firms IT Returns, earlier projects
done by his firm, his personal bank accounts, copy of
Aadhaar Card and Pan Card and other relevant documents
etc. for the investigation of the said Crime No. 23/2018.
 However, due to some unavoidable circumstances which
were beyond the control of the Petitioner, the Petitioner
could not remain present before the CID, Bengaluru on
28/06/2022 as per said Notice dated 25/06/2022.

4. The CID Bengaluru has issued Notice No.

CID/SED/Crm/Hubli-Ashoknagar PS/23/2018 dated
07/07/2022 to the Petitioner to record his statements on
priority for investigation of said Crime No. 23/2018 and to
appear before CID Bengaluru in person on 18/07/2022
with regard to the transaction between the Petitioner and
Chanchaldas Investment Group or Chanchaldas & Sons.

5. The Petitioner through his letter dated 09/07/2022 has

informed the CID Office, Bengaluru that he has given his
statement to Ashoknagar Police Station on 22/09/2018 in
connection with the subject FIR No. 23/2018 which is now
under the investigation before the CID Bengaluru and the
Petitioner has fully cooperated for investigation and there
is no such intention on his part to in not cooperating for
investigation and further informed that due to viral fever
the doctor has advised the Petitioner to take complete bed
rest and so he is not in a position to travel from Mumbai to
Bengaluru to remain present before the CID, Bengaluru on
18/07/2022 and the Petitioner has given his statement
through his said letter dated 08/07/2022 with regard to
the transaction between him and Chanchaldas & Sons.

6. The Petitioner is aggrieved by filing of false and frivolous

complaint of the complainant Sanjay Danchand Ghodawat
and on the basis of which said FIR No. 23/2018 came to
be registered by Ashoknagar Police Station, Hubli on
10/06/2018 u/s 424, 506, 120B, 403, 149, 406, 468,
471, 420 and 415 of IPC and at present said FIR No.
23/2018 has transferred for investigation purpose to CID,
Bengaluru. The Petitioner is seeking anticipatory bail in
 the said FIR which is registered by the complainant, with
sole intention just to harass the petitioner and to extort
money from the Petitioner and make illegal gains by
wrongful means from the Petitioner and hence, the
Petitioner being left with no other alternative is
approaching this Hon’ble Court u/s 438 of the Code of
Criminal Procedure, by way of filing this Petition,
apprehending that the Petitioner may be arrested under
non-bailable offences in connection with the said Crime
No. 23/2018, on the following grounds, which are taken in
the alternative and without prejudice to one another.

GROUNDS FOR BAIL

(A) As per earlier notice from Ashoknagar Police Station,

Hubli, the Petitioner has already submitted his detailed
statement on 22/09/2018 in respect of FIRs i.e. 23/2018,
24/2018, 27/2018 and 28/2018 wherein Complainant
Sanjay Danchand Ghodawat has indulge the Petitioner’s
name in the said FIRs without any of the offences as
alleged in the said FIRs committed by the Petitioner.

(B) As per notice dated 17/01/2018 from Ashoknagar Police

Station, the Petitioner has once again submitted his detailed
statement on 22/09/2018 in respect of FIR No. 23/2018
wherein Complainant has indulge the Petitioner’s name in
said FIR without any of the offences as alleged in said FIR
committed by the Petitioner.

(C) At Para 55 of FIR No. 23/2018, Complainant has stated that on

examination/ analysis of bank statements furnished to him, it
is learnt that Chanchaldas & Sons has made payment of
Rs.44.00 Crores (Rupees Forty Four Crores Only) to Karan
Group Builders and Developers, details which are provided by
complainant in said FIR is reproduced here as under:-

Sr. No. Date Amount (in Rs.)

 (1) 26.10.2015 18,00,00,000
(2) 28.10.2015 25,00,00,000
(3) 29.06.2016 1,00,00,000
TOTAL: 44,00,00,000

(D) At Para 56 of said FIR No. 23/2018, Complainant Sanjay

Danchand Ghodawat has stated that Chanchaldas & Sons
has received a sum of Rs. 25.00 Crores (Rupees Twenty
Five Crores Only) from Karan Group Builders & Developers
to pay to the Complainant.

(E) The Complainant has suppressed true and correct facts

while registration of the said FIR No. 23/2018 that prior to
16/10/2015, Chanchaldas & Sons have received a sum of
Rs. 19.65 Crores (Rupees Nineteen Crores Sixty Five Lakhs
Only) from Karan Group Builders and Developers, the
details which are enumerated herein-below:-

Sr. Date Amount

No. (in Rs.)
1. From Axis Bank – 15,00,000
A/c No. 913020052614719
Dated 26.12.2014
(2) Srl. No. 247 dated 15.10.2015 18,00,00,000
Cheque No. 425764
RTGS/
IBKLR92015101500087926/

CHANCHA
(3) Srl. No. 252 dated 16.10.2015 20,00,00,000
Cheque no. 425766
RTGS/
IBKLR92015101600096154/

CHANCHA
(4) Srl. No. 254 dated 17.10.2015 5,00,00,000
Cheque no. 425767
RTGS/
IBKLR92015101700006440/
 CHANCHA
(5) Srl. No. 13 dated 26.03.2015 1,50,00,000
Cheque no. 395402
RTGS/
IBKLR92015032600051225/

CHANCHA
TOTAL: 44,65,00,000

(F) At Para 61 of FIR No. 24/2018 the Complainant has

stated that on examination/analysis of bank statements
furnished to him, it is learnt that N.K. Enterprises has
made payment of Rs.14,00,000/- (Rs. Fourteen Lakhs Only) to
Karan Group Builders and Developers on 12.08.2016.

(G) At Para 62 of said FIR No.24/2018 the Complainant has

stated that N.K. Enterprises has received a sum of
Rs. 50.0 Lakhs from Karan Group and Developers to pay
to the complainant, details of which is given below:-

Sr. Date Amount (in

No. Rs.)
(1) Srl. No. 567 dated 14.07.2016 25,00,000
RTGS/IBKLR92016071400057712/
N K ENT (CHEQUE 494489)
(2) Srl. No. 570 dated 25.07.2016 25,00,000
RTGS/IBKLR92016072500013699/
N K ENT
TOTAL: 50,00,000

(H) At Para 33 of FIR No. 27/2018 the Complainant has

stated that on examination/analysis of bank statements
furnished to him, it is learnt that Kiran Yeshwant Ghare,
Proprietor of Devansh Infrastructure has made payment of
Rs. 3.50 Crores to Karan Group Builders and Developers
on 20.08.2015.
(I) M/s. Karan Group Builders and Developers has
transferred the said amount of Rs. 3.50 crores on
10.09.2015 to the said Mr. Kiran Yeshwant Ghare,
Proprietor of M/s. Devansh Infrastructure and repaid the
said amount to him, being transaction Srl. No. 210 dated
10.09.2015 RTGS/IBKLR92015091000001818/DEVANSH by
Cheque No. 425830 and said facts have been suppressed
by the complainant in the said FIR No.27/2018.

(J) At Para 56 of FIR No. 28/2018 the Complainant has

stated that on examination/analysis of bank statements
furnished to him, it is learnt that Varad Infra Project Ltd.,
has transferred an amount of Rs. 10.00 Crores to Karan
Group Builders and Developers.

Sr. Date Amount (in Rs.)

No.
1. 09.07.2015 5,00,00,000
2. 10.07.2015 5,00,00,000
TOTAL: 10,00,00,000

(K) The Complainant has suppressed the fact in the said

FIR No. 28/2018 that Varad Infra Project Ltd. have
received an amount of Rs. 15.30 crores from Karan Group
Builders and Developers from time to time, the details of
which is enumerated herein-below:-

Sr. Date Amount

No. (in Rs.)
1. Date 02.07.2014 25,00,000
Axis Bank A/c No. 913020052614719

2. Date 07.07.2014 30,00,000

Axis Bank A/c No. 913020052614719

3. Date 09.07.2014 25,00,000

Axis Bank A/c No. 913020052614719

4. Date 07.04.2015 1,50,00,000

 Axis Bank A/c No. 913020052614719

5. Srl. No. 197 dated 04.09.2015 1,00,00,000

RTGS/IBKLR92015090400071968/
VARD I
Cheque no. 425821
6. Srl. No. 271 dated 02.11.2015 5,00,00,000
RTGS/IBKLR92015110200083454/
VARD I
Cheque no. 425779
7. Srl. No. 303 dated 02.12.2015 1,00,00,000
RTGS/IBKLR92015120200045359/
VARD I
Cheque no. 442652
8. Srl. No. 375 dated 11.02.2016 2,00,00,000
RTGS/IBKLR92016021100057384/
VARD I
Cheque no. 457060

9. Srl. No. 376 dated 12.02.2016 1,50,00,000

RTGS/IBKLR92016021200066243/
VARD I
Cheque no. 457062
10. Srl. No. 479 dated 16.05.2016 2,50,00,000
RTGS/IBKLR92016051600015143/
VARD I
Cheque no. 476446
TOTAL: 15,30,00,000

(L) A Civil Suit No. 2913 of 2017 is pending before the Hon’ble
City Civil Court at Dindoshi, Mumbai in respect of property
bearing Survey No. 31 & 39, CTS No. 107 & 10(Part),
admeasuring 700.25 Square Meters or thereabouts,
together with the building No. 15/A-B, known as Dindoshi
Vrindavan CHS Ltd. situated at Shivdham Complex,
 MHADA, General A. K. Vaidya Marg, Dindoshi, Malad (E),
Mumbai 400097 and the Hon’ble Court have granted an
injunction order in favour of M/s. Karan Group Builders
and Developers and said suit is pending before the Court.

(M) The Registered Joint Development Agreements dated

31/10/2014, 24/02/2015 and 04/04/2015 has been
executed with the owner of the property in respect of the
development of the properties at Goregaon (West),
Malad (East) and Thane, wherein the Complainant Sanjay
Dhanchand Ghodawat is a party to the said transaction
and financial transactions pertaining to the said property
are very well known by the said Complainant.

(N) The Petitioner has given his statement dated 22/09/2018

in FIR Nos. 23/2018, 24/2018, 27/2018 and 28/2018 to
the Senior Inspector of Police, Ashoknagar Police Station,
Hubli, Dharwad, Karnataka, and the said statement has
been acknowledged by Ashoknagar Police Station, Hubli on
22.09.2018 itself.

viii. That the complainant has just used police machinery

for his personal and own benefits. Even the section
under which present FIR is registered the same is not
applicable in any manner. The transaction for which
Petitioner’s name came to be included in present FIR
that is between Petitioner and M/s. Chanchaldas &
Sons and for the same the complainant is not entitled
to initiate any action in any manner. The present
case is pertaining to recovery of money and if
complainant has invested any money
in any of the project with any person/s then he is
entitled to recover his money by initiating proper
recovery proceedings but not in this manner the way
which is chose by him.
ix. That the Complainant has falsely implicated the
Petitioner’s name in present FIR despite no offence
being committed by the Petitioner. Complainant has
no right to initiate any action for the transaction
which has taken place between some third person
and accordingly, action initiated by complainant is
totally on the basis of false and concocted story
which have no reality and the entire allegations of the
complainant is result of his imagination.

xiv. That the Petitioner has never met the complainant

Mr. Sanjay Danchand Ghodawat at Huballi, and
whatever meetings are done the same has done
within Maharashtra, but he has chosen the
jurisdiction of Karnataka as herein the police
authority is working as per the wish, will and
instructions of the complainant Mr. Sanjay
Danchand Ghodawat.

xv. That the entire complaint which is filed the same is

filed with malafide intention just to harass the
petitioner on false and vexatious grounds.

xvi. That Mr. Sanjay Danchand Ghodawat has put the

law into motion as per his will and wish and misused
the police and court machinery therefore the
intervention of this Hon’ble Court in the matter is
utmost necessary.

xvii. That no case is made out against the petitioner and

hence the Petitioner should be granted anticipatory
bail in the said FIR in the event of arrest.

xviii. That no material on record is available to prove the

case of Mr. Sanjay Danchand Ghodawat and
proceeding of said complaint will be unnecessary
harassment for petitioner as the petitioner has to
 travel from Mumbai to Huballi just to attend the said
case.

xix. That if the said case is proceeded in that event it will

be wastage of time of the court and waste of money of
the petitioner and the same will cause harassment to
the petitioner as at the last by proceeding said case
no fruitful result will come.

xx. The complainant is also in guilty of suppression of

material and true facts and due to him the court was
driven to proceed in the matter just to fulfill his
personal grudges with the petitioner, and therefore
the petitioner should be granted anticipatory bail by
this Hon’ble Court in the said FIR, in the event of
arrest, by considering the facts of the matter on its
own merits.

xxi. That Mr. Sanjay Danchand Ghodawat has registered

the present FIR in Karnataka but whatever
transaction has been done the same is done in the
state of Maharashtra, and misused the documents
just to harass the petitioner.

xxii. The Court of I-Addl. Dist. & Sessions Judge,

Dharwad, Sitting at Hubballi, vide its Common Order
dated 02/11/2019 has allowed the Bail Petition filed
u/s. 438 of Cr. P.C. in Cr. Misc. No. 725/2019 by the
Petitioner - accused no. 1 of Crime No. 45/2018 of
Ashok Nagar Police Station, Hubbali (C.C. No.
1995/201 on the file of J.M.F.C-I Court, Hubballi)
and police are directed to release the Petitioner in the
event of arrest in said case as per the terms and
conditions laid down in the said order.

xxiii. After passing of order dated 02/11/2019 in

connection with Crime No. 45/2018 of Ashok Nagar
 Police Station, Hubbali (C.C. No. 1995/201 on the file
of J.M.F.C-I Court, Hubballi), the Petitioner has
attended Ashok Nagar Police Station, Hubbali for
investigation purpose.

xxiv. That the transactions mentioned in the present

Crime No. 23/2018 has also been mentioned in
Crime No. 45/2018 wherein the present petitioner is
facing trial before the 1st JFMC, Hubli.

xxv. That the Hon’ble Supreme Court in the case of

Mitesh Kumar J. Sha V/s State of Karnataka &
Ors. [Criminal Appeal No. 1285/2021 arising out
of S.L.P. (Crl.) No. 9871/2021 ] criminal
prosecution cannot be resorted to for settling civil
disputes. Such an exercise is nothing but abuse of
process of law, which must be discouraged in its
entirety.

xxvi. In so far as multiple FIRs by a single complainant

with the Ashok Nagar Police Station one by one at the
instance of the complainant, it prima facie appears
that the investigation is fully influenced by the
complainant. It prima facie appears that accusation
has been made against the petitioner with the object
of injuring or humiliating the Petitioner by having
him arrested so as to bring him to the table to settle
the claims suitable to the complainant.

xxvii.That no case u/sec. 120B, 403, 406, 415, 420, 424,

468, 471, 506 r/w sec. 149 of IPC has made out
against the petitioner, hence the petitioner should be
granted anticipatory bail in the said FIR in the event
of arrest.

xxviii. The Petitioner is ready and willing to co-operate

with the investigating officer.
 xxix. The Petitioner is ready to abide by all the terms and
conditions which are imposed by this Hon’ble Court.

xxx. The Petitioner is respectable and law abiding Citizen

and have reputation and likely to suffer immensely,
if, he is straightaway arrested at any moment and
remanded to police custody for purported inquiry and
investigation.

xxxi. The Petitioner has no past criminal record and he

have never been convicted or accused of any criminal
offence ever since and till date.

xxxii.The Petitioner is ready and willing to furnish surety

and security to the absolute satisfaction of this
Hon’ble Court.

xxxiii. The Petitioner is regular resident of Mumbai,

Maharashtra and hence there is no chance that the
Petitioner will flee from this Hon’ble Court.

xxxiv. The Petitioner undertakes that he will regularly

attend the court and he will not jump out of bail.

6. Therefore, it is most respectfully prayed that, an Order of

anticipatory bail be passed and thereby the Respondent and/or
the CID, Bangaluru, may kindly be ordered and
directed to release the Petitioner on bail in the event of his
arrest in connection with Hubli, Ashok Nagar Police Station,
Crime No. 23/2018 u/secs. 120B, 403, 406, 415, 420, 424,
468, 471, 506 r/w sec. 149 of IPC till the disposal of
this present petition, in the interest of justice and equity.

Dharwad (________________)
Date: ____/01/2022 Advocate for
Petitioner
 Cr. Misc. No.: __________/2022

IN THE COURT OF THE HON’BLE PRL. DISTRICT AND

SESSIONS JUDGE, DHARWAD, SITTING AT: HUBBALLI

BETWEEN:

MR. MAHESH BHUPATKUMAR OZA

Proprietor of M/s. Karan Group Builders & Developers
... Petitioner
AND:

The State of Karnataka

Represented by Public Prosecutor ... Respondent

LIST OF DOCUMENTS

1. Photocopy of FIR No. 23/2018

2. Statement dated 22/09/2018

3. Bank Statement of IDBI Bank in respect of payment

of Rs.44.65 Crores made to Chanchaldas & Sons
by the Petitioner.

4. Registered Joint Development Agreements dated

31/10/2014, 24/02/2015 and 04/04/2015.

5. ID Cards of Petitioner

Dharwad (________________)
Date: ____/01/2022 Advocate for
Petitioner
 Cr. Misc. No.: __________/2022

IN THE COURT OF THE HON’BLE PRL. DISTRICT AND

SESSIONS JUDGE, DHARWAD, SITTING AT: HUBBALLI

BETWEEN:

MR. MAHESH BHUPATKUMAR OZA

Proprietor of M/s. Karan Group Builders & Developers
... Petitioner
AND:

The State of Karnataka

Represented by Public Prosecutor ... Respondent

MEMO

Herein the memo on behalf of the Petitioner is as under:-

The Bail Petition bearing ____________, have been filed for

Anticipatory Bail.

Petition may kindly be posted before the 1st Additional

Sessions Judge, at Hubli.

Hence the memo.

Place: Dharwad
Date: ___/01/2022 (____________)
Advocate for Petitioner
 Cr. Misc. No.: __________/2022

IN THE COURT OF THE HON’BLE PRL. DISTRICT AND

SESSIONS JUDGE, DHARWAD, SITTING AT: HUBBALLI

BETWEEN:

MR. MAHESH BHUPATKUMAR OZA

Proprietor of M/s. Karan Group Builders & Developers
... Petitioner
AND:

The State of Karnataka

Represented by Public Prosecutor ... Respondent

INDEX

Sr. Particulars Page No.

No.
1. Petition
2. Valuation Slip
3. Vakalat
4. List of Document
6. Process Memo
7. Copies

Place: Hubballi
Date: ___/01/2022 Advocate For
Petitioner