IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1766/2019 BETWEEN 1. RAJIV KARN S/O RAM DADARATH LAL KARN, AGED ABOUT 36 YEARS, NO.210, SFS407, NEAR MOTHER DAIRY, YELAHANKA NEW TOWN, BENGALURU-560 064.
2. ABHISHEK SINGH, S/O GOPAL SINGH, AGEDA ABOUT 36 YEARS, NO.09, 3RD MAIN, 1ST CROSS, SOMESHWARA NAGAR, YELAHANKA NEW TOWN, BANGALORE-560 064.
3. SHILADITYA MITRA @ ADITYA, S/O S K MITRA, AGED ABOUT 38 YEARS, NO.101, RS RESIDENCY, KODIGEHALLI MAIN ROAD, BEHIND BHARGHAVI MOTORS, BALAJI LAYOUT, BENGALURU-560 092.
4. PRADEEP KUMAR KARN, S/O RAM DADRATH LAL KARN, NO.210, SFS 407, NEAR MOTHER DAIRY, YELAHANKA NEW TOWN, BENGALURU-560 064.
... PETITIONERS (BY SRI SHIVAKUMAR.S, ADV. FOR SRI SUDHAKARA T M, ADV.) AND STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, TILAK NAGAR POLICE STATION, BANGALORE-560041, REPRESENTED BY SPP, HIGH COURT, BANGALORE-560001.
... RESPONDENT (BY SMT. NAMITHA MAHESH B G, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.18/2019 REGISTERED BY THILAKNAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 406,417,420 AND 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition has been taken out of turn on the submission of the learned counsel appearing for the parties. He submit that mother of accused Nos.1 and 4 is seriously ill and they want to treat her mother by taking her to hospital and they are apprehending their arrest, as such, the above petition is taken out of turn.
2. The present petition has been filed by the petitioners/accused Nos.1 to 3 & 6 under Section 438 of Criminal Procedure Code to release them on anticipatory bail in the event of their arrest in Crime No.18/2019 of Tilak Nagar Police Station for the offences punishable under Sections 406, 417, 420, 506 read with 34 of Indian Penal Code, 1860 (for short ‘IPC’).
3. I have heard the learned counsel for petitioners/accused and the learned High Court Government Pleader for respondent-State.
4. Gist of the complaint is that complainant approached the Rajeev Gandhi University for Medical Sciences regarding admission for MBBS course. There the accused met him and his parents, forcibly took contact number and accused persons assured that they would get the seat for him and they once again met them and the accused gave false promise that they will get through counseling in a private quota and they will get a seat for MBBS and hence, they gave Rs.10.00 lakhs by cash and a sum of Rs.40.00 lakhs in the month of February, 2018. As per the instruction of the accused, he went to Noida to write the exam. But the person whose contact number the accused have given was switched off his mobile phone and thereafter they went back to the said office of the accused and they threatened him with dire consequences and after few weeks they provided cheques for a sum of Rs.40.00 lakhs and they told to present the same after two months. When the said cheques were presented, the same were dishonored. Thereby, they have cheated the complainant. On the basis of the said complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioners/accused that the petitioners/accused are running the registered firm and they are giving training to the student who are the aspirants to appear for the NEET exams. He further submitted that the complainant failed in the said exam and to cover up the failure he has filed a false complaint. He further submitted that the cheques which is stated to have been given is not given by the accused No.1 and he is nothing to do with the said cheques. He further submitted that the accused persons are ready to abide by any conditions that may be imposed by this Court and are ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioners/accused on anticipatory bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioners/accused have cheated the complainant and the complainant went to the office located in Yelahanka and quarreled with them, but they threatened him with dire consequences and hence, the said cheques were issued and when presented, the said cheques were bounced and remaining amount of Rs.10.00 lakhs has also not been paid and thereby, the accused/petitioners have cheated the complainant. There is a prima-facie material against the accused/petitioners. On these grounds, she prays to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. Whether the complainant has entered into agreement and paid Rs.40.00 lakhs is a matter which would only be appreciated at the time of trial. The alleged offences are not punishable with death or imprisonment for life. It is the specific contention of the learned counsel for the petitioners/accused that he is having a registered firm and they are giving training to the student who are the aspirants to appear for the NEET exams. They have stated that the complainant has failed and in order to cover up the failure he has registered a false case which is the matter of trial. Under the said facts and circumstances, I feel that by imposing some stringent conditions the petitioners/accused may be ordered to be released on anticipatory bail, to meet the ends of justice. In that light, the petition is allowed and petitioners/accused Nos.1 to 3, & 6 are ordered to be released on anticipatory bail in Crime No.18/2019 of Tilak Nagar Police Station for the offences punishable under Sections 406, 417, 420, 506 read with 34 of IPC subject to the following conditions.
ORDER 1. In the event of arrest, the Investigating Officer is directed to enlarge the petitioners/accused Nos.1 to 3 & 6 on anticipatory bail on being executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall mark their attendance before the Investigating Officer once in 15 days, till the charge sheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
Chs* CT:HR Sd/- JUDGE