IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5587 OF 2017 Between:
Anchit Sharma, S/o Arun Kumar Sharma, Aged about 24 years, R/o No.49, 21st Cross, Krishna layout, Madhuban colony, Hulimvu, Bengaluru – 560 076 ... Petitioner (By Sri. Dilraj Jude Rohit Sequeira, Advocate) And:
The State, By Town Police Station, Tumkuru.
... Respondent (By Sri. Chetan Desai, HCGP) This petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.161/2016 of Tumkur Town Police Station, Tumakuru which is registered for the offence punishable under Sections 419, 420, 468 read with Section 34 of IPC.
This petition coming on for Orders, this day, the court made the following:
ORDER This petition is filed by the petitioner under Section 438 of Cr.P.C, seeking anticipatory bail and to direct the respondent-police to release him on bail in the event of his arrest for the offence punishable under Sections 419, 420, 468 read with Section 34 of IPC registered in respondent police station in Crime No.161/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner, so also the learned High Court Government Pleader appearing for the respondent-State.
3. The main allegation as per the complaint averments is that the petitioner, promising to get the medical seat to the daughter of the complainant asking to pay a total amount of `40 Lakhs, collected `23 Lakhs from the complainant and thereafter, without getting the seat he has cheated the complainant.
4. Learned counsel for the petitioner submitted that there is one more case registered against the present petitioner himself at Kengeri Police Station and in the said case, the complainant filed the applications under Sections 451 and 457 of the Cr.P.C and get the release of an amount of `21 Lakhs at the orders of the Court. It is also the contention of the learned counsel that he is ready to abide by any conditions to be imposed by the Court and co-operate with the Investigating Agency.
5. Per Contra, learned High Court Government Pleader submitted that there is an element of cheating. It is not only in this case but in another case also on a similar charge of getting the medical seat he collected amount from the complainant and complaint came to be filed in Kengeri Police Station wherein also the case has been registered. Hence, he prays for rejecting the bail application.
6. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case and as there is one more case of a similar type of cheating, making promise that he will get the medical seat and collected the amount, it is not a case to grant anticipatory bail.
7. Accordingly, petition is hereby rejected.
However, at this stage, learned counsel for the petitioner submitted that petitioner is prepared to surrender before the concerned Court. In case, he surrenders and makes an application seeking his release on regular bail, concerned Court shall consider the said application on priority basis and dispose of the said application on merits, in accordance with law and if possible, on the same day.
Sd/- JUDGE Mds