Criminal Petition No. 4835 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17084 CRL.P No. 4835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4835 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. S. RAMACHANDRA, S/O SANJEEV RAO K., AGED ABOUT 60 YEARS, RESIDING AT NO. 479, 6TH CROSS, OPPOSITE TO KOTRESHWARA NILAYA, OLD ICE FACTORY, HOSPET - 583201 BELARY DISTRICT. …PETITIONER (BY SRI. SAMUEL S. DANDIN, ADVOCATE) AND:
Legal Reasoning
Digitally signed by SWAPNA V Location: High Court of Karnataka THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, HIGH GROUNDS POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU. …RESPONDENT
Legal Reasoning
(BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN THE CRIME NO.135/2024 FOR THE ALLEGED O/P/U/S 406, 420, 504, 506 - 2 - NC: 2025:KHC:17084 CRL.P No. 4835 of 2025 OF IPC PENDING BEFORE THE III ADDL.CMM COURT AT BENGALURU.THE LII ADDL.CC AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITION ON 06.03.2025 IN CRL.MISC.NO.1705/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner, who apprehends arrest in Crime No.135/2024 registered by High Grounds Police Station, Bengaluru, for offences punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. 3. Heard the learned counsels for the parties. FIR in Crime No.135/2024 was registered by High Grounds Police Station, Bengaluru, for the aforesaid offences against one Anita.B.N based on the first information dated 19.06.2024 received from Smt. Saroja wife of Irappa Desai. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.1705/2025 before the Jurisdictional Sessions Court - 3 - NC: 2025:KHC:17084 CRL.P No. 4835 of 2025 which was rejected on 06.03.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that there is no allegation against the petitioner in the first information and it appears that cheque belonging to the petitioner has been handed over by accused-Anita.B.N to the first informant and therefore, petitioner is being implicated in the present case. He submits that with similar allegations FIR was registered against the petitioner in Crime No.84/2024 and in the said case, he has been enlarged on bail. He also submits that accused No.1 has been granted bail in this case. He submits that petitioner is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, prays to allow the petition. 5. Per contra, learned Additional SPP has opposed the petition. She submits that inspite of repeated enquiry notices issued to the petitioner, he has not co-operated for the purpose of investigation. Considering his background and nature of allegations found against him, his custodial interrogation is necessary. Accordingly, she prays to dismiss the petition. - 4 - NC: 2025:KHC:17084 CRL.P No. 4835 of 2025 6. From a reading of the typed copy of the first information dated 19.06.2024 submitted by the first informant in the present case, it is found that she has not made any allegation against the petitioner. In the first information, it is alleged that accused-Anita.B.N with an assurance of securing a job to the son of first informant had totally colleted sum of Rs.30,50,000/- from her and thereafter, towards security she had issued cheque bearing No.774470 drawn on Oriental Bank of Commerce to the first informant. It appears that the said cheque belongs to the petitioner and therefore, during the course of investigation, the police have issued enquiry notices to the petitioner. 7. Perusal of the records would go to show that, accused No.1 has been already granted bail in the present case. It is not in dispute that petitioner has been granted regular bail in Crime No.84/2024, wherein he has been arrayed as accused No.2 along with accused No.1-Anita.B.N. Petitioner aged about 60 years has undertaken to co-operate with the police for the purpose of investigation. The present FIR has been registered after the petitioner was enlarged on bail in Crime No.84/2024 and undisputedly, he is not arrayed as - 5 - NC: 2025:KHC:17084 CRL.P No. 4835 of 2025 accused in the present case nor there is any allegation found as against him in the first information. Under such circumstances, reserving liberty to the Investigating Officer to file necessary application before the jurisdictional Sessions Court to seek custody of the petitioner for the purpose of interrogation, if necessary, considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively subject to imposing appropriate condition. Accordingly, the following:-
Decision
ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.135/2024 registered by High Grounds Police Station, Bengaluru, for offences punishable under Sections 406, 420, 504 and 506 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer on 02.05.2025 between 10.00 am and 10.30 am and if necessary, the Investigating Officer is at liberty to take the - 6 - NC: 2025:KHC:17084 CRL.P No. 4835 of 2025 petitioner to custody for the purpose of interrogation on the said date. However, it is made clear that petitioner shall be released on the same day on or before 6.00 pm, subject to the petitioner executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 42