IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.767 OF 2017 BETWEEN SRI. DR. AMIT KUMAR S/O KRISHNA KUMAR SHARMA AGED ABOUT 34 YEARS OCC: DOCTOR, R/AT # 25 2ND CROSS, AECS LAYOUT RMV 2ND STAGE, SANJAYANAGAR BENGALURU – 560 092 (BY SRI. M.B.RAVIKUMAR, ADV., ) AND THE STATE OF KARNATAKA BY THE POLICE OF VIJAYANAGAR POLICE STATION, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU (BY SRI.CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.622/2016 OF VIJAYANAGAR POLICE STATION, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The respondent Police registered a case in Crime No.622/2016 against this petitioner (Accused No.3) and three others in respect of offence punishable under Section 420 r/w 34 of IPC.
3. The allegation is, accused Nos.1 to 3 assured to get a medical seat to the complainant’s daughter at BGS Medical college and introduced accused No.4 - an employee of the Vijayanagar Adi-Chunchangiri Mutt which runs the college and received an amount of Rs.25,00,000/- with the testimonials of the student but failed to procure the medical seat for her. When the complainant demanded repayment of his money, accused Nos.2 and 3 executed an agreement on a bond paper in respect of the said amount but failed to comply the same.
4. Sri.M.B.Ravikumar, learned counsel for the petitioner submits that subsequently matter was resolved before the jurisdictional JMFC Court and accused No.2 paid an amount of Rs.4,00,000/- to the complainant on 30.03.2017 and it is he who had issued the cheque in lieu of the agreement entered into with the complainant.
5. The petitioner being a registered medical practitioner having known identity abode and avocation, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is granted anticipatory bail in Crime No.622/2016 registered by the respondent Police, subject to following conditions:
i) In the event of his arrest by the respondent- Investigating Officer, he shall be released on bail on executing self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum.
ii) he shall not threaten or prevail upon the prosecution witness and co-operate with the investigating officer during further course of investigation.
Sd/- JUDGE BS