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H. P. SANDESH
Sanjay Omprakash Sharma – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime No. 797/2021 registered by Whitefield CEN Crime Police Station, Bengaluru City, for the offences punishable under Sections 406 and 420 of IPC.
2. Heard the learned counsel 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 is a builder. He was in need of money and in order to avail the finance, he contacted this petitioner and documentation was done in Delhi for getting an amount of Rs. 125 Crores. It is also the case of the complainant that an amount of Rs. 4,53,35,000/- was paid in favour of different persons and even though collected the said amount, the petitioner did not make any arrangement of loan as agreed and the petitioner along with other persons cheated the complainant. It is also given the details of payment of Rs. 31,25,000/- transferred to M/s. Paras Enterprises in Kotak Mahindra Bank and also Rs. 2.5 Crores towards the duty and registration fees for registering the loan agreement at
The denial of bail was based on the risk of tampering with evidence and hindrance to the ongoing investigation, considering the serious nature of the alleged offenses and the petitioner's past conduc....
The main legal point established in the judgment is the requirement for further investigation by the police to recover misappropriated amounts and the lack of entitlement to bail at this stage.
The court emphasizes that the severity of fraud allegations justifies the denial of bail in cases involving potential flight risk and witness tampering.
The potentiality of an accused fleeing from justice should not unduly influence the decision on bail, and specific conditions for bail should be tailored to the circumstances of the case.
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
The court denied bail based on substantial evidence of collusion and deceit among the accused-petitioners in executing forged documents, causing significant financial loss.
The main legal point established in the judgment is that active involvement in the offense of fraud and cheating, association with multiple similar cases, and the absence of special circumstances do ....
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