STEPHEN UTHAYAKUMAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos. 1 and 2 under Sec. 438 of Cr.P.C. seeking anticipatory bail in Crime No.54/2021 (C.C.No.93/2022) of Sub Urban Police Station, Hubbali registered for the offences punishable under Ss. 406, 420 and 464 read with Sec. 34 of IPC.

(2.) The case of the prosecution is that the first informant was working as a staff nurse in KIMS Hospital, Hubbali between 2012 and 2019 and came in contact with petitioner No.2/accused No.2 Smt. Ruth Devanur. Both of them were having contact over mobile. First informant came to know that petitioner No.2/accused No.2 went to Malayasia through accused No.1 Paster R. Stephen Uthayakumar @ Stephen Udhaykumar of Tamil Nadu and working there. First informant expressed her intention to go to Israel as a staff nurse and petitioner No.2/accused No.2 informed her that petitioner No.1/accused No.1 will make necessary arrangement to send her to Israel and furnish the mobile number. First informant contacted petitioner No.1/accused No.1 over mobile and requested him to make arrangement to send her to Israel on B-1 care giver Visa. Two days after the said conversation, petitioner No.1/accused No.1 contacted the first informant and informed her that expenses to send her to Israel would be Rs.6.5 lakh. She has paid total sum of Rs.5,73,000.00 to petitioner/accused No.1. It is stated in the complaint that inspite of giving huge amount, the petitioner No.1/accused No.1 did not make arrangement to send the first informant to Israel and cheated her. The said complaint came to be registered in Crime No.54/2021 for the offences punishable under Ss. 406, 420 and 464 read with Sec. 34 of IPC. After investigation, the police have filed charge sheet for the said offences and the case came to be registered in C.C.No.93/2022 against the petitioners/accused Nos.1 and 2. The petitioners/accused Nos.1 and 2 apprehending their arrest had filed Criminal Miscellaneous No.5042/2022 seeking anticipatory bail and the same came to be rejected by the Sessions Court by order dtd. 2/2/2022. Therefore, the petitioners/accused Nos. 1 and 2 are before this Court seeking anticipatory bail.

(3.) Heard the arguments of learned counsel for the petitioners and the learned Additional State Public Prosecutor for respondent-State.