VIJAY S/O THIPPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPREHENDING his arrest by Sanjay Nagar Police, Bangalore in connection with case registered in Crime No.351/12 for the offences punishable under Sections 420 and 506 read with Section 34 of IPC, the petitioner has presented this petition under Section 438 of Cr.P.C. seeking relief of anticipatory bail.

(2.) ACCORDING to the case of the prosecution, on the basis of the complaint lodged by one B.Venkatasiva Rao resident of Guntur in Andhra Pradesh at about 9.50 p.m. on 1.10.2012, the aforesaid case came to be registered and investigation was taken up. According to the allegations made in the said complaint, the members of an Institution called Eclelas Consultants approached the complainant stating that they would arrange for a seat to his son either in JSS Medical College or KVG Medical College and when the complainant met Jakir, Vijay, Alok Singh, Deepak Mujral and Smitha Lakshman in Bangalore they told the complainant that they would provide medical seat for Rs.32 Lakhs package and they also received an advance of Rs.1 Lakh from him and agreed to receive the balance after confirmation. Thereafter, the complainant submitted the original certificate and records and other documents of his son. Thereafter on 7.9.2012 the aforesaid persons told the complainant that the seat is confirmed and called upon the complainant to pay the remaining amount and when the complainant came to Bangalore along with remaining amount he was told that the seat is still not confirmed. Thereafter again on 26.9.2012, the aforesaid persons told the complainant that the seat would be confirmed in KVG College, Sullya for Rs.40 Lakhs for which the complainant agreed and thereafter the aforesaid persons failed to provide the seat and when the complainant demanded refund of the advance of Rs.1 Lakh, the persons threatened injury to his life and also refused to return the amount, thereby the complainant has been cheated.

(3.) THE petition is opposed by the respondent - State.