Dr. P.Dilip Kumar vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner/accused No.1 on bail in the event of his arrest in respect of Crime No.44/2022 registered by Narasimharaja Police Station, Mysuru City, for the offences punishable under Sections 406 and 420 of IPC and Section 23 of the Banning of Unregulated Deposit Schemes Act, 2019.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case of the prosecution is that the complainant in the complaint made an allegation that he is working in Narayana Hospital as Finance Officer and one Deepak Kumar was also working in Narayana Hospital as Medical Superintendent and he is also doing Real Estate Business along with his work. He got introduced one Dileep and he also used to visit this petitioner. In the year 2018, the complainant was intending to buy a house for an amount of Rs.35 to 40 Lakhs, the same was informed to this petitioner. By that time, this petitioner was searching for a house and he has expressed that he had already availed the personal loan of Rs.4,20,000/- from the HDFC., Bank and he is having Rs.5 lakhs as PF amount. When he was making efforts to get the loan from different Banks, a promise was made that he would get the loan by paying EMI payment. In that process, this petitioner came in a Car, he had obtained the signatures in seven bank applications. When he questioned why he is getting so many signatures in different Banks applications, he replied that he had already taken the personal loan and there are chances of canceling the loan. Hence, forcibly he took the signatures. It is also an allegation that in between the period 21.06.2018 to 28.06.2018, an amount of Rs.41,62,580/- loan was sanctioned from 7 Banks and the same was transferred to his HDFC., Bank account. This petitioner got transferred the said amount to his Kotak Mahindra Bank Account. Thereafter, he did not register any property in his name and he has also paid an amount as installment for some period. Thereafter, not paid the amount. Based on the complaint, the Police have registered a case against this petitioner.

The learned counsel appearing for the petitioner would submit that the payment is made in connection with business transaction and there was no any intention of cheating due to COVID-19, he could not make the EMI, payment and also he has suffered the loss. The petitioner is ready to make the payment. According to the complainant, the complainant categorically stated that EMIs are paid till December 2020 and thereafter not paid the amount.

Per contra, the learned High Court Government Pleader appearing for the State would submit that three cases are registered against this petitioner and in all the cases, similar allegations are made. Learned High Court Government Pleader for the respondent-State also would submit that this Court earlier granted bail vide order dated 24.05.2022 in Crl.P.No.4059/2022 c/w. Crl.P.No.4142/2022 in favour of this petitioner exercising the powers under Section 438 of Cr.P.C. In spite of a conditional order was passed to surrender before the Investigating Officer within 10 days, the petitioner did not surrender and cooperate with the Investigating Officer. Hence, he is not entitled for bail. The learned High Court Government Pleader for the respondent-State would submit that the actual salary of the complainant is Rs.45,000/-. In view of availing the loan from 7 Banks, the total EMI is Rs.1 Lakh and the amount was also got transferred in the name of this petitioner, in spite of it, he cheated the complainant.

Having heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and on perusal of the material available on record, particularly, three cases are registered against this petitioner and this Court exercised the discretion in favour of the petitioner in Crl.P.No.4059/2022 c/w. Crl.P.No.4142/2022 vide order dated 24.05.2022 and till date he has not complied with the order of the Court. Apart from that, a specific allegation is made in this complaint that the petitioner obtained the signature in seven bank applications and got released the amount to the tune of Rs.41,62,580/-. The said amount was transferred to the account of the complainant and subsequently the very same amount was got transferred to the account of this petitioner. The learned counsel for the petitioner not disputes the fact that the petitioner himself has paid the amount till December 2020 and thereafter not made the payment and also the record discloses that he is a habitual offender and committing the similar offences. Hence, the petitioner has not made out any ground to enlarge him on bail invoking Section 438 of Cr.P.C.

In view of the discussions made above, I pass the following:

ORDER

The bail petition is rejected.