- 1 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14281 OF 2024 BETWEEN: NITIN R.V S/O DR. VIJAYKUMAR P.T AGED ABOUT 33 YEARS R/AT NO.140-A, NITHIN NIVASA 9TH CROSS, KHB 3RD PHASE CHITRADURGA TOWN NOW RESIDING AT 3RD CROSS R.M.V. 2ND STAGE, DOLLARS COLONY BENGALURU-560 094 …PETITIONER (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: STATE BY TUMAKURU TOWN POLICE STATION TUMAKURU-572 101 REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE-01 …RESPONDENT (BY Ms. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.419/2024 REGISTERED BY THE TUMAKURU TOWN P.S., TUMAKURU, FOR THE OFFENCES P/U/S 406,420 OF IPC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. FIR in Crime No.419/2024 is registered at Tumakuru Town Police Station, against the petitioner for offences punishable under Sections 406 and 420 of the Indian Penal Code. 2. The complainant by name Dr. M.S. Harinitheja, has alleged in her complaint that she studied MBBS and was intending to pursue M.S. The petitioner, one Nitin R.V., contacted her through her mother stating that he would get her a seat at Shridevi Medical College, Tumakuru. She was then given the bank details of the petitioner and when she contacted him in the month of November, 2022, she was assured of a seat in the aforementioned College, only if she paid a sum of Rs.90,00,000/- for three years. Based on the said assurance, she paid a sum of - 3 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 Rs.25,00,000/- in two instalments. She was then admitted to the College and another sum of Rs.25,00,000/- was paid to the College through RTGS. It is alleged that the petitioner demanded balance amount of Rs.40,00,000/- which also was remitted to the petitioner's bank account. The College commenced from 08.12.2022 and she was informed by the petitioner that she would get a stipend of Rs.30,000/- per month. However, in the month of January, 2023, College Management instructed her to vacate the hostel and not to continue her studies as the balance fee was not paid. The College issued 'No Objection Certificate' in the month of November, 2023. She was then informed that the College fee is due for two years and stipend was also stopped and when she intimated the same to the petitioner, he once again assured that he would talk to the Management. 3. It is alleged that the petitioner having assured the complainant of a seat in the Medical College, after collecting the fees, cheated her to the tune of Rs.65,00,000/-. - 4 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 4. The learned Addl. SPP has filed statement of objections. She has contended that the petitioner is required for custodial interrogation, as relevant documents and information have to be collected. She would contend that the petitioner has not only caused the complainant financial loss but also impacted her career and therefore, he is not entitled for anticipatory bail. 5. Learned counsel for the petitioner has drawn the attention of the Court to the letter said to have been issued by Shridevi Institute of Medical Sciences & Research Hospital, Tumakuru, dated 24.6.24, wherein it is certified by the College that it has received Rs.60.75 Lakhs from M/s. INFINITUS Hospital care, Bangalore towards Fee of Dr. Munivenkata Harini Teja, PG (OBG) for the Academic Year 2022-2023. 6. It is the contention of the learned counsel that, petitioner has paid the entire amount to College and even the College has issued No Objection Certificate for the Academic Year 2022-2023 and it is the duty of the - 5 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 complainant to pay the II Year fee as agreed by her when she got admission to the College. It is contended that a sum of Rs.60.75 Lakhs was paid to the College on 24.06.2024 and the 'No Objection Certificate' is also issued to the complainant for the Academic Year 2022-2023. 7. As per the complainant's averments, petitioner has cheated the complainant to the tune of Rs.65,00,000/-. It is stated that to the IDFC First Bank Account of M/s. INFINITUS HOSPICARE Pvt. Ltd., initially an amount of Rs.20,00,000/- and another amount of Rs.5,00,000/- was deposited and a further sum of Rs.40,00,000/- was paid to the said bank account in instalments. 8. As per the document dated 24.6.24, a sum of Rs.60.75 Lakhs was received by the College from M/s. INFINITUS Hospital care, towards fee for the academic year 2022-2023. 9. From the above material, at this stage, it cannot be said that there was any intention on the part of the - 6 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 petitioner to cheat the complainant at the inception, however, it is a matter of trial. The prosecution has to establish the ingredients of the offence alleged. The allegations have to be proved in a full fledged trial. The offences alleged are not punishable for death or imprisonment for life. The petitioner has undertaken to co- operate with the investigation of the case. 10. Hence, the following: ORDER Petition is allowed. Petitioner/Accused No.1 in Crime No.419/2024 registered by Tumakuru Town Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. - 7 - NC: 2025:KHC:3353 CRL.P No. 14281 of 2024 b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE sac List No.: 1 Sl No.: 33