IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7341/2018 BETWEEN :
Sri Shiva Kumar P. S/o Panduranga Aged about 35 years R/at No.3/22, China Mttara Palli, Krishnagiri, Tamilnadu-635 120.
And also:
C/o Ramesh No.169/2, 4th Main Road 7th Cross, Chamarajpet Bengaluru-560 018.
(By Sri M.R.Nanjunda Gowda, Advocate) AND :
The State of Karnataka by V.V.Puram Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri K.P. Yoganna, 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 Crime No.172/2017 of Vishveshwarapuram Police Station, Bengaluru, for the offence punishable under Section 420 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 438 of Cr.P.C. praying to grant him anticipatory bail in Crime No.172/2017 of Vishveshwarapuram Police Station for the offence punishable under Section 420 r/w. Section 34 of IPC.
2. The gist of the complaint is that the complainant is a Retired Professor and in order to get a medical seat to his grand son in the management quota, he was searching for the same and at that time, the petitioner and other accused persons came in contact with him and assured him that they will provide a medical seat in KIMS college. On 14.6.2016 they called the complainant to Bengaluru and introduced one Vamshi Reddy in KIMS Hospital, Bangalore and the said person agreed that he will provide medical seat for Rs.90 Lakhs and he received Rs.10 Lakhs as an advance amount by executing a paper. Again on 21.6.2016 an amount of Rs.15 Lakhs was paid by the complainant on the assurance of medical seat. On 22.7.2016 another sum of Rs.28 Lakhs was received from the complainant and again on 21.9.2016 an amount of Rs.5,75,000/- was paid by the complainant. When the complainant insisted and went to KIMS management and made an enquiry about the management quota to his grand son, the said authority told that no medical seat was reserved in his grand son’s name and after coming to know the said fact, he filed the complaint.
3. It is the submission of the learned counsel for the petitioner that the said amount has been taken by accused No.1-Vamshi Reddy who acknowledged the amount and he was in touch with the complainant. He further submitted that the alleged incident has taken place during the year 2016 and the complaint has been filed after a long gap and there is an inordinately delay. The alleged offences are not punishable with death or imprisonment for life. He further submitted that petitioner is ready to abide by any conditions and to offer sureties. Petitioner is doing real estate business and there is no likelihood of he being absconding. He further submitted that the entire story put forth by the complainant is artificial and unbelievable. On these grounds, he prayed to allow the petition and to grant anticipatory bail to the petitioner.
4. Per contra, the learned HCGP vehemently argued and submitted that the petitioner is in the habit of cheating the people under the guise of securing medical seat and he is a habitual offender. One more case has been registered apart from the present crime as against the petitioner. He further submitted that petitioner is absconding and not available for investigation or interrogation. He further submitted that if the petitioner is released on bail, he may abscond and may not be available for trial and he may indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the parties and also perused the records.
6. As could be seen from the contents of the complaint, when the complainant was in search of the medical seat for his grand son, petitioner and other accused persons came in contact with the complainant saying that they will get provided a medical seat to his grand son and introduced Vamshi Reddy. In the first instance an amount of Rs.10 lakhs has been received from the complainant by executing a paper.
Subsequently some more amount has been received from the complainant. On going through the said contents of the complaint, prima facie it discloses the fact that the petitioner with an intention to cheat the complainant has done the said transaction. There is prima facie material in this behalf and as such this is not a fit case to release the petitioner on anticipatory bail.
Hence, petition is dismissed.
However, liberty is given to the petitioner to surrender himself and move for regular bail before the trial Court. If such an application is made by the petitioner, the trial Court shall decide the same without being in any way influenced by any of the observations made by this Court during the course of this order.
Sd/- JUDGE *ck/-