Criminal Petition No. 9311 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25857 CRL.P No. 9311 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9311 OF 2025 BETWEEN: 1. SATISH S/O LATE RACHAIAH AGED ABOUT 41 YEARS. 2. SIDDAIAH S/O LATE KENCHAIAH AGED ABOUT 64 YEARS. 3. PRAMODH S/O SIDDAIAH AGED ABOUT 32 YEARS.
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA ALL ARE RESIDING AT MELLAHALI VILLAGE, SANTHEMARAHALLI HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT - 571 441. …PETITIONERS
Legal Reasoning
(BY SRI RAJA K.P, ADV.) AND: STATE BY YELANDUR P.S YELANDUR - 571 441 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. (BY SMT. RASHMI PATEL, HCGP) …RESPONDENT - 2 - NC: 2025:KHC:25857 CRL.P No. 9311 of 2025 HC-KAR THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.34/2025 OF YELANDUR POLICE STATION, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 406, 420, 465, 468, 471, 323, 341 AND 506 OF IPC, WHICH IS PENDING BEFORE THE LEARNED CIVIL JUDGE AND JMFC COURT, YALANDUR, CHAMARAJNAGAR DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 to 4 in Crime No.34/2025 registered by Yelandur Police Station, Chamarajanagara, for the offences punishable under Sections 406, 420, 465, 468, 471, 323, 341 and 506 of IPC, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.34/2025 was registered by Yelandur Police Station, Chamarajanagara, for the aforesaid offences against Rajendraprasad and others based on the first - 3 - NC: 2025:KHC:25857 CRL.P No. 9311 of 2025 HC-KAR information dated 17.02.2025 received from Pradeep P K S/o Kalmarudappa. Petitioners herein, who are arraigned as accused Nos.2 to 4 in the FIR had filed anticipatory bail application before the jurisdictional Sessions Court in Crl.Misc.No.175/2025 which was rejected on 13.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that entire allegation in the first information is as against accused No.1, who has been arrested and enlarged on bail. Accused No.2 is the relative of accused No.1 and accused Nos.3 and 4 are the father and brother of accused No.1. They have been falsely implicated in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP submits that accused No.4 has received a sum of Rs.4 lakhs in his bank account and the same is not explained by him and therefore, it appears that accused Nos.1 and 4 have together committed the crime and cheated the first informant. She, however, does not dispute that insofar as accused Nos.2 and 3, there are no serious allegations in the first information. At this juncture, learned counsel for the - 4 - NC: 2025:KHC:25857 CRL.P No. 9311 of 2025 HC-KAR petitioners submits that petition may be dismissed as withdrawn as against accused No.4. The said submission is placed on record. 6. Perusal of the material on record would go to show that in the typed first information submitted by first informant, he has alleged that accused No.1 had approached him with a promise to provide him a government job and for the said purpose, he had in all paid a sum of Rs.25 lakhs to the accused on various dates. He has stated that the amount was paid in cash and also was deposited into the bank accounts as instructed by accused No.1. He has further stated that certain amount was also transferred online to accused No.1. Accused No.1, who was arrested in the present case has been enlarged on bail by the learned Magistrate. 7. In the first information itself, it is mentioned that as per the instructions of accused No.1, totally a sum of Rs.4 lakhs was transferred to the bank account of accused No.4. Learned counsel for the petitioners has failed to explain the said transaction in the bank account of accused No.4. Insofar as accused Nos.2 and 3 are concerned, there is no serious - 5 - NC: 2025:KHC:25857 CRL.P No. 9311 of 2025 HC-KAR allegation against them in the first information. Accused No.2 is said to be a relative of accused No.1 and accused No.3 is the father of accused Nos.1 and 4. Undisputedly, accused Nos.2 and 3 do not have any criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by accused Nos.2 and 3 for grant of anticipatory bail needs to be answered affirmatively while the petition as against accused No.4 is required to be dismissed as withdrawn in view of the submission made by learned counsel for the petitioners. Accordingly, the following order:- 8. The petition is partly allowed. Petition as against petitioner No.3/accused No.4 is dismissed as withdrawn. Petition is allowed insofar as petitioner Nos.1 and 2/accused Nos.2 and 3 are concerned. 9. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner Nos.1 and 2/accused Nos.2 and 3 in the event of their arrest in Crime No.34/2025 registered by Yelandur Police Station, Chamarajanagara, for the offences punishable under Sections - 6 - NC: 2025:KHC:25857 CRL.P No. 9311 of 2025 HC-KAR 406, 420, 465, 468, 471, 323, 341 and 506 of IPC, subject to the following conditions: 1. The Petitioner Nos.1 and 2/accused Nos.2 and 3 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner Nos.1 and 2/accused Nos.2 and 3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner Nos.1 and 2/accused Nos.2 and 3 shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner Nos.1 and 2/accused Nos.2 and 3 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN