Page 56 - History of Canopy Classic Buyers

Crl.Misc.3834/2018
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punishable u/Sections 406, 420, 467, 468, 471, 120B of IPC and
Section 69 of Real Estate (Regulation and Development) Act,

2016 ('RERA Act' for short) and Section 9 of Karnataka

Protection of Interest of Depositors in Financial Establishment
Act 2004 (‘KPIDFE Act’ for short).

2) The petitioners have sought anticipatory bail on the
following grounds;

Initial advance of Rs.2 lakhs is quoted by the company and
agreements of sale were executed by the company in favour of

the f at aspirants. Therefore, that any violation of terms or
conditions mentioned in the agreements including the time

schedule, it may at the most amount to breach of civil contract

attracting arbitration clause or in the alternative civil remedy
and certainly not amount to any criminal liability or of ences as

alleged. There is no specif c overt act attributed against the

petitioners. The alleged of ences are not exclusively punishable
with death or imprisonment for life. The petitioners are

permanent residents of Bengaluru city carrying on the avocation

of construction of buildings from several years having deep
roots and vested interests in the society. The petitioners

undertake to abide by any conditions that may be imposed and
to of er solvent surety to the satisfaction of the court and

undertake not to tamper the prosecution witnesses or abscond

or f ee from justice. With this the petitioners prayed to allow the
petition.

3) The learned Special Public Prosecutor has f led

objections and contended that the petition under Section 438 of

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