Avinash Shetty Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.17/2025 FOR THE OFFENCE P/U/S 318(2),318(4) R/W 3(5) OF BNS FILED

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NC: 2025:KHC:37641 CRL.P No. 10479 of 2025

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HC-KAR

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BEFORE BARKE P.S. ON THE OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT BNATWAL, D.K.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record.

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Petitioner along with others named in the FIR,

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is accused of committing the offence Punishable under Section 318(2), 318(4) and 3(5) of the BNS, 2023, against first informant by name, Lokesh Suvarna.

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FIR is registered in Crime No.4/2025 of

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Bantwala Town Police Station, Dakshina Kannada, for the aforementioned offences, against 4 named accused, wherein, petitioner is arraigned as accused No.1. The Case was transferred to Barke Police Station, Mangaluru City

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3 - NC: 2025:KHC:37641 CRL.P No. 10479 of 2025

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HC-KAR

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and has been registered as Crime No.17/2025. It is submitted that accused Nos.2 to 4 have been enlarged on bail.

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It is alleged that the petitioner and other accused, with a promise of providing job, to one Pratheeksha, a relative of the complainant, received Rs.2,50,000/- as well as another sum of Rs.16,834/- and cheated him without fulfilling the promise.

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The learned Additional SPP has contended that

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the petitioner is involved in similar cases and therefore, he is a habitual offender, hence, he is not entitled for anticipatory bail, as he has misused the liberty granted to him in other cases.

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It is not disputed by the learned counsel for the petitioner that there are other criminal cases registered against the petitioner. It is alleged that petitioner promised the complainant that he would provide a job to Pratheeksha, his relative and received her bio-data, and

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HC-KAR

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after receiving money, failed to provide any job and committed cheating etc.

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It is pertinent to see that cheque for a sum of Rs.2,50,000/- was handed by the complainant to accused No.2 by name Namratha, another sum of Rs.16,834/- was sent through G-pay to accused No.4, Gowthan shetty. At this stage, there is no material to show that the said amount was either received by the petitioner or he encashed it. The offences alleged are not punishable with death or imprisonment for life.

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In the above facts and circumstances, relief sought by the petitioner can be granted by imposing conditions. It is made clear that if the petitioner gets involved in criminal activities, hence forth, prosecution is at liberty to seek cancellation of bail granted in this case. Accordingly the following:-

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ORDER

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i) Petition is allowed .

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5 - NC: 2025:KHC:37641 CRL.P No. 10479 of 2025

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HC-KAR

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ii) Petitioner/ accused No.1 shall be released in the

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event of his arrest in Crime No.17/2025 of Barke Police Station, Mangaluru City registered for the offence Punishable under Section 318(2), 318(4) and 3(5) of BNS, 2023 subject to following conditions:

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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 bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two sureties for the likesum.

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