Sara Shiva Karna v. The State Of Telangana
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ir-*-.--"*-.:- i26et I HiiiTr i-OUI{f UF Jt'i.IICA,'TURE A'I HYDERABAD I'OI( THE STATT, OF TELANGANA AND THE STATB OF ANDHRA PRADESH MONDAY, THE THIRTY FII{ST DAY OF DECEMBER TWO THOUSAND AND EIGHTEEN :PRESONT:
THE HON'BLE DR. JUSTICE SHAMBEM AKTHER Ciiiir,llitjA.l, PIITITION NO: 13636 OF 2018 B etrveen:
l. Sara Shiva Karna, S/o. Sara Bala Swamy,
2. Nama Sunil Kumar, S/o. N{allikarjuna Guptha, Petitioners/Accuscd No.1 & 2 AND The State of Telangana, Rep. by its Public Prosecutor, High Court ofJudicature at Hyderabad, For the State of Telangana and the State of Andhla Pradesh. Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed heiein, the High Court may be pleased to grant Anticipatory Bail to the Petitioners/Accused No.l and 2 in the event of their arrest by any Police Officer in Cr.No.740 of 201 8 dated. 0611012018 of S.R. Nagar Police Station, Hyderabad, registercd rurder Section 420 and 406 ofLP.C;
Counsel for the Petitioners SRI S.N{.RAFtrE Counsel for the Respondent ADDL. PUBLIC PROSECUTOR (TS) The Court made the follorving ORDEIT:
"This Criminal Petition, uuder Sectit-,n 438 of thc Codc of Criminal Procedurc, 1973, is filed by the pctitioners/A.l & A.2, for grant of anticipatory bail in Crirne No.7.l0 of 201.8 of Sanjeevaredrly Nagar Police Station, Hyderabad District, registercd for the offcnces punishable undcr Scctions 420 and 406 of I.P.C. 2.
Heard the learned counsel for the pctitioners/A.l & A.2, thc learned Additional Public Prosecutor representing the rcspondenl-State and pcrused thc record. .'1. lt is contended by the de-facto complaiuant (rnothcr of the victim) that hcr daughter sought admission in a medical course, rvhich is equivllcnt to MllBS, at Washington University of Barbados School of Mcdicine. Due to dcficiency in servicc and sorne harassment alleged to have meted out to her, she could not pursuc the medical course there and came back to India. Her admission relates to the year 2017 and an amount of Rs.16,50,000/- was paid towards college fer:s etc. Thc de-facto complainant further contended that her daughter lost one academir: year and she rvas cheated, 1.
The learned counsel for thc pctitioners/A.l & A.2 rvould subnrit that therc are number of students rvho sought admission in the aforementioned University and arc
purslling their medical course. The daughtcr of the dc-lacto complainant alone camc back to India on the ground thnt she hrs to attcnd hcr cousin's marriage, Shc applicd leavc for the simc and came back to lndia. There arc no hchcs on the prrt of the petitioners/A.l & A.2 as allcged in the report, dated 06.10.2018, lodgecl bv thc cle-lircto complainant and ultimately prayed to allolv the application.
5.
On the other hand, the lcarned z\tltlitional Public Prosccutor opposetl for grant oi' anticipatory bail to the petitioners/A.I & A.2. 6.
As per thc records placed bcfore this Court, the petitioner/A.1 is the Managing Director of Carecr Plus abroad Educational Services India Private Limited and the petitioner/A.2 is an employee of the said consultrncl'. The sairl consultancy is recogniscd by thc Government of India, rvhich rcnders assistance to the Indian students to pursuc medical Course abrold, particularly in the albrementioncd Universitv, Everv vear, hundreds of students are bcing sent abroad to pursue mcdical courses and everything is madc clear to them before they are sent to pursue the medical course. The daughter of the de-facto complainant, under thc guise of cousin's marriagc, came back to India, having pursued thc medical coursc in thc aforementiorred University for about six months. 7, It is apt to extract the first par:rgrlph ot thc !"cport. dated 06.10.
2013, lodgcd by the de-facto complainant rvith the police conccrncd, * hich rc:rds ls follot's: "'l'his is to requcst ),ou to arrest:rn(l get b:rck our rmount spcnt and dlmages if not possible lilc FIR against l\lr.Shiva Karna, MD, Ph No.9704232283 of Career Plus Abroad Education Services Consultancv, O/o. Flat No.202, Srvasthik Plaza, above Himalaya Book World, Niain Road, S.R.Nagar, Hyderabad 500 038 and onc of the director of Washington Univcrsitl' of Barbados School of Medicine, Casa Granade, llibiscus Block, OId Burv St.Phillip, Ilarb:rdos, Cnribbean lsland, South America.'o From the above. it appears that thc dc-facto complainant intended to get her monel,back.
If there arc omissions and commissions on the part of the employees of the aforementioned Universitl, rvith regard to the students, th€ same can be placed before thc authorities of the University, Under these circumstances, the petitioners/A.l & A.2 can be granted bail under Section 438 of Cr.P.C.
tl.
Accortlingly, the petitioncrs/A.l .t A.2 are directcd to surrender belbre the Station House Ol'l'icer, Sanjeeva Reddy Police Station., H1'dcrabad District, rvithin a period of I5 days fronr the date of this order. On such surrender, the saitl Station House Officer shall releasc thc petitioners/A.l & A.2 on bail on each of them executing a personal bond for a sum of Rs,50.000! (Rupecs fifty thousand onty) rvith t\Yo sureties in a like sum each to his
satisfaction. On such releasc, thc p€titioners/A.l & A.2 shall report before the said Station House Officer on eyer), Sundal' between 09:00 ANI and l0:00 AN{, till filing of the chargeshcet. Thc petitioners/A.1 & A.2 shall also abide b1- the conditions stipulatcd in Scction.438
(2) of the Codc of Crinrinll Proccdurc, 1973, :rnd shall coopcratc \vith the investigatiug officcr in the invcstigation of thc crse.
9.
Thc Criminal Petition is, aci:oi'din3l.,. allorvcd. N'lisccllaucous pctitions, if an1', pcnding in this Crinrinal Pctition, shall stand closcd."
Sd/. M. MANJULA ASSISTANT GISTRAR ,TRL]E COPYi/ Iror ASSISTANT I{l:GlS'IRAI{ To, The III Addl. Chief Mctropolitan Magistratc.
I ation House Otlicer, SR Nagar rcc Sta derabad.
tion, I Iyderabad.
CCS to Public Prosecutor, (TS), tligh Court o1'Judicature, at Hyderabad (OUT) The one CC to Sri S.M One Spare Copy Rat'ee, Advocate (OPUC)
HIGH COURT DR.SA..I l)A'l'Il:31-12-2018 ( OITDEIT CRL.P. NO. 13636 0F 2018 L----."
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