DILIP N.E. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein, who has been arraigned as accused No.3 in Crime No. 143/2011 of Ulsoor Police Station registered for the offences punishable under Sections 406, 420 and 120B of Indian Penal Code, has sought for the relief of bail.

(2.) According to the case of the prosecution, on the basis of the report lodged by one V. Druva Kumar, resident of Kotnahalli, Bettahalli Gate, Magadi road, Bangalore on 02.05.2011, criminal case came to be registered and investigation was taken up.

(3.) According to the allegations made in the report, the complainant came in contact with Shivadev Kumar, arraigned as accused No.1, petitioner herein, George and others for the first time in Lido Mal and thereafter, he met those persons often and during such meetings, those persons offered him of high returns with multiple crores, if he agrees to pay some fees to the Company named by them. Believing their representations, he borrowed some money from out side and handed over 2.72 lakhs to the people named by the above persons in and around Bangalore and he paid Rs. 1.7 lakhs through Shivdev Kumar's account in ICICI bank. It is further alleged that later he came to realise that those people have taken money from multiple people on same offer and he came to know the names of such persons as Kamal, Nicky Maten, Abu George, Sudish and Anish and he further came to know that he has been cheated. It was his further allegation that on realising that he has been cheated, he demanded the above said persons to refund the money paid by him, but, they went on postponing the payment on one pretext or the other and ultimately, accused No. 1 challenged him to take any legal action to prove it. During investigation of the case the petitioner herein was apprehended and later subject to judicial custody. As his request for bail made before the learned Sessions Judge came to be rejected he is before this Court in this petition.