THUMMAPUDI RAJESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioner / A-1 in the event of his arrest in connection with Crime No.8 of 2020 of Dwaraka Police Station, Visakhapatnam, wherein the petitioner is alleged to have committed the offence punishable under Section 420 of Indian Penal Code, 1860 (for short "IPC").

(2.) The case of the prosecution is that a complaint was lodged stating that the defacto complainant received a phone call from the petitioner stating that he is owner of New Hope Overseas Consultancy and he induced them to provide MBBS seat to complainant's sister in Russia and asked them to pay an amount of Rs.6,50,000/- and promised that the process would be completed within 4 months i.e. from June to September. Accordingly, they visited the office and paid Rs.6,00,000/- by way of cash and Rs.50,000/- is deposited in the bank account. It is further stated that while the process is undergoing, the petitioner also promised the defacto complainant and her friend N.Haritha that they would provide VISA services for higher studies in U.K. Believing the same, the complainant paid Rs.1,25,000/- and her friend paid Rs.1,50,000/- and the petitioner assured that the entire work will be completed by the end of September. It is further stated that nothing has been done and the petitioner used to postpone the things by one pretext or other and when they pressurized the petitioner, he sent fake and fabricated flights tickets, admission letter, invitation letter from College (Russia) and fake VISA to make them believe that he is doing process. Later, when they enquired, they came to know that the petitioner has committed similar type of offences.

(3.) Heard Sri Kilaru Nithin Krishna, learned counsel for the petitioner and the learned Public Prosecutor for the respondent.