SRI ABDUL LATHEEF JABBAR vs THE STATE BY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60760
CRL.P No. 4610 of 2026
CNR: KAHC010210292026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4610 OF 2026
BETWEEN:
1. ABDUL LATHEEF JABBAR
@ AMEEN JABBAR,
AGED ABOUT 52 YEARS
PROPRIETOR OF M/S. S.A.ENTERPRISES,
HAVING ITS OFFICE AT NO.29,
15TH CROSS, KANAKA NAGAR,
R. T. NAGAR, BENGALURU - 560 032.
2. SRI. ANOOP LOBO,
AGED ABOUT 47 YEARS
AUTHORIZED SIGNATORY OF
M/S. S.A. ENTERPRISES,
R/AT NO.51, LOBO NIVAS,
1ST CROSS, KEMPEGWDA R.K. HEGDE NAGAR,
BENGALURU - 570 077.
…PETITIONERS
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. BHAGAT VENKATESH R, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SAMPIGEHALLI POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
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HC-KAR
NC: 2026:KHC:60760
CRL.P No. 4610 of 2026
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BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482
BNNS) PRAYING TO A. GRANT ANTICIPATORY BAIL TO
ACCUSED NO.3 AND 5 RESPECTIVELY IN CRIME NO.0325/2024
DATED 01.06.2024 REGISTERED BY THE SAMPIGEHALLI
POLICE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER
SECTION 406, 420, 120B, 342, 506 AND 149 OF IPC.
SAMPIGEHALLI POLICE HAVE REGISTERED FIR NO.0325/2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.3 and 5 in crime No.325/2024 registered by
Sampigehalli Police Station, Bengaluru for offences punishable
under Sections 406, 420, 120B, 342, 506 and 149 of Indian
Penal Code, 1860 ('IPC' for short) are before this Court in this
petition filed under Section 482 of Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023 seeking anticipatory bail.
2. Heard the learned counsel for the parties.
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CRL.P No. 4610 of 2026
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3. FIR in Crime No.325/2024 registered by
Sampigehalli Police Station, Benglauru for the aforesaid
offences against Kriti K. Mehta and others, based on the first
information dated 01.06.2024 received from Nivedita Desai
wife of Ajay R. Desai. Apprehending the arrest in the said case,
the petitioners had approached the jurisdictional Sessions Court
in Crl.Misc.No.5140/2024, which was dismissed on 18.06.2024.
Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that
accused Nos.1 and 2 as against whom serious allegations are
made have been granted bail in the present case. Petitioners
herein had entered into an agreement with accused Nos.1 and
2 and in fact petitioners have also invested money. He submits
that petitioners are ready and willing to co-operate with the
police for the purpose of investigation. Accordingly, he prays to
allow the petition.
5. Per contra, learned HCGP has seriously opposed the
petition. He submits that multiple cases of similar nature have
been registered against the petitioners and other accused in the
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present case. Petitioners have cheated the first informant and
other similarly situated persons in collusion with accused Nos.1
and 2. He submits that petitioners had approached this Court
with a prayer to quash the FIR in the present case and also the
FIRs in other similar cases registered against them. The said
petitions have been dismissed in the year 2024 itself. He
submits that thereafter petitioners have not cooperated with
the police for the purpose of investigation. Accordingly, he
prays to dismiss the petition.
6. In the first information submitted by the victim, she
has alleged that she and her brother were partners in a project
developed by Unishire Homes and also paid huge amount as
advance sale consideration and agreement for sale was
executed by the developers in their favour. Subsequently, the
petitioners herein had entered into an agreement with the
aforesaid developer and thereafter, the apartments in respect
of which agreement for sale was executed in favour of the
victim and others were sold to the third parties and thereby the
first informant and similarly situated many others were cheated
by the developer and also the petitioners, who have
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subsequently demanded money from the victims and also
criminally intimidated them.
7. The petitioners herein had approached this Court in
Crl.P.Nos.6166/2024 and Crl.P.No.5089/2024 and connected
petitions for quashing the FIR registered in the present case
and also similar other FIR registered against them by various
other police stations with similar allegations. The Co-ordinate
Bench of this Court vide order dated 21.10.2024 has dismissed
all the said petitions and the role of the petitioners herein in
committing the crime has been discussed elaborately by this
Court while dismissing the petitions. The petitioners, who
represent the company known as Mr. S.A. Enterprises also had
indulged in subsequent demand of money from the home
buyers after entering in to an agreement with the developer
and thereafter selling the apartment for which buyers had
made investment, in favour of the third parties. It appears that
in a separate batch of petitions, the developers had approached
this Court in Crl.P.No.3118/2024 and connected petitions,
which was dismissed by another Co-ordinate Bench of this
Court on 02.04.2024 and in paragraph Nos.7, 8 and 9 of the
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order passed in Crl.P.No.3118/2024 and connected petitions, it
was observed as follows:
"
7. From a perusal of the material available on record, it
is seen that the petitioners who are partners of M/s.
Unishire Homes L.L.P. Company, have received 90% of
the sale consideration under two separate sale
agreements from the first informants. Subsequently, the
under construction project was handed over by the
petitioners to M/s. S.A.Enterprises, who inturn has
completed the project. The petitioners herein who had
entered into an agreement for sale of apartments in
favour of first informants, have joined hands with M/s.
S.A.Enterprises who is also arrayed as an accused in the
FIR and have executed sale deeds in respect of the
apartment which was the subject matter of sale
agreements, in favour of third party after receiving sale
consideration from the third party.
8. Learned HCGP has brought to the notice of this
Court several other similar cases have been registered
against the petitioners herein and similar modus
operandi is found in all the cases. FIR has been
registered in the present two cases against the accused
for the offences punishable under Sections 420, 406,
120B, 34 IPC. Petitioners who have received 90% of sale
consideration from the intending purchasers who are the
first informants in the present case, have joined hands
with the other accused persons and have sold the
property for which they had received advance
consideration in favour of third parties by executing sale
deeds.
9. Petitioners who had received advance sale
consideration from the first informants under the sale
agreements, have dishonestly misappropriated the
amount received and have dishonestly disposed of the
property which was the subject matter of the sale
agreements. The first informants had paid advance sale
consideration to the petitioners herein since the
petitioners had assured that they would sell the property
which is the subject matter of sale agreements in their
favour. The material on record would also go to show
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that the petitioners and the other accused have created
sale deeds in favour of third parties in similar manner
after receiving huge sale consideration from many others
and several similar other criminal cases are registered
against the accused before the very same police station.
The allegations found in the first information has the
necessary ingredients for invoking the alleged offences
against the petitioners herein. It cannot be said that
there is absolutely no material as against the petitioners
for prosecuting them for the alleged offences."
8. In Crl.P.No.6658/2024 and connected petitions
which were dismissed on 21.10.2024 by another bench of this
Court in paragraph No.17 it is observed as follows:
"17. The home buyers, who with all fond hopes of
having own houses in the City of Bangalore – house in
the nature of an apartment, invest all their life fortunes
into the Company, which projects development of a
livable apartment complex. The fond hopes are stage by
stage shattered, either by the delay or the developers
indulging in the acts which have now become the crime.
The mails that are communicated to these complainants,
are only an eye wash, as no occupancy certificate was
even in their hands when they asked these home buyers
to pay 5% or 10% of the remaining amount and get their
sale deeds registered. The communications did not
indicate that in the event the home buyers do not come
forward for registration of sale deeds, the apartment
would be sold to third parties. What was communicated
was holding charges would become applicable.
Therefore, prima facie these accused have played fraud,
on the poor home buyers who are now left high and dry
without the money that they have invested long ago and
without the apartment with them, which they were
hoping to have as a dream home. By the fraud of these
petitioners, the dreams of poor home buyers are
crushed. The developers cannot play with the lives of
home buyers, except save in certain circumstances
where there is clear breach of contract or a particular
home buyer is having an axe to grind against the
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developers. The subject case forms a classic illustration
of the acts of the accused, except one, where the
ingredients of criminal breach of trust and cheating, on
the home buyers, is prima facie met, as the agreements
entered into with the home buyers by the accused were
after receiving 90 or 95% of the total sale consideration
and notwithstanding this, those very apartments which
formed the part of the agreement are sold to third
parties."
9. Learned High Court Government Pleader has
brought to the notice of this Court that several other criminal
cases are registered against the petitioners and developers and
hundreds of home buyers have been cheated by them. He also
has brought to the notice of this Court that the petitioners are
not co-operating for the purpose of investigation inspite of the
enquiry notice issued to them.
10. Under these circumstances, I am of the opinion that
the prayer made by the petitioners for grant of anticipatory bail
dismissed
cannot be entertained. Accordingly, the petition is .
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
JY
List No.: 1 Sl No.: 44