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Judgment
B.V. Pinto
These cases arise out of Crime No. 274/2011 of Sira police station, Tunkur for offence U/s. 420 of IPC. Hence, both are taken together for disposal.
It is the case of the complainant Sri Mahantesh that, on 13.09.2011 at about 12.00 noon one Srinivas flower trader came to his shop and informed that one of his acqusintance has 8 kg of gold and asked for money. On 1409.2011 at about 7.00 p.m., both the petitioners herein came with a 800 mm piece of gold and later on 17.09.2011 they took him to near Chowdeshwari temple on Chitradurga-Shimoga road and relieved him of Rs. 15,00,000/- by promising him to give gold and gave a piece of 1.5 kgs appearing like gold. After testing the same in his shop it was found that it is not gold
On the next day he went in search of the petitioners but they had escaped. Hence, a complaint is lodged.
Heard Sri. Vishnu Hegde, Learned Counsel for the petitioner in Crl.P.No. 6009/2011 and Sri. Srinivas, Learned Counsel fox the petitioner in Crl.P.5996/2011 and Sri. Vijaykumar Majage, learned HCGP for State/ Respondent.
The learned HCGP submits that the police have not recovered the amount of Rs. 15,00,000/- so far Hence, It is directed that the police shall further interrogate the petitioners for the purpose of proper investigation in the case. It is directed that the police shall seek for further police custody of the petitioners and recover the amount taken from the complainant
With those observations, the petitions are dismissed with liberty to file fresh application after charge sheet is filed and after recovery of the cash.
A copy of this order is directed to be sent to the Superintendent of police, Tumkur with a direction to monitor the investigation properly and to file compliance report.