P.DILIP KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 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 Ss. 406 and 420 of IPC and Sec. 23 of the Banning of Unregulated Deposit Schemes Act, 2019.

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

(3.) 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.35.00 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.4,20,000.00 from the HDFC., Bank and he is having Rs.5.00 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 21/6/2018 to 28/6/2018, an amount of Rs.41,62,580.00 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.