Shivamurthy Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.373/2024 REGISTERED BY ASHOK NAGAR POLICE, BENGALURU, PENDING ON THE FILE OF 29^TH ADDL. CJM, MAYOHALL, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC BY ALLOWING THIS PETITION FILED BY THE PETITIONER U/S. 482 OF BNSS, 2023.

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NC: 2025:KHC:35339 CRL.P No. 10515 of 2025

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HC-KAR

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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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FIR in Crime No. 373 of 2024 of Ashokanagar Police Station is registered against eight accused, for an offence punishable under Section 420 of IPC.

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In brief, the first informant by name

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Mohammed Ameen has alleged in the complaint that in the month of August, 2021 one Naveed Altaf introduced him to the petitioner (accused No.2), who induced him saying that one Mr. Kamlesh Jain (Accused No.1) has executed an agreement of sale in respect of a land measuring 9 acres situated in Chikkajala, with the owner, for a sum of Rs.13 Crores and if he purchased the said land and sell it to World White Resort Company (Accused No.8) he would earn double the amount invested by him.

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It is alleged in the complaint that complainant

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has paid a sum of Rs.1,46,16,500/- to the petitioner,

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3 - NC: 2025:KHC:35339 CRL.P No. 10515 of 2025

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HC-KAR

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who in turn gave the amount to accused No.1 - Kamlesh

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Jain, in the month of August, 2021 by installments. Further, he transferred Rs.3.5 crores in installments to

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Accused No.1, but when he contacted the accused, they avoided him and without completing the transaction and not returning the money, cheated him etc.

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Learned HCGP contended that petitioner is an agent who promised the complainant that if he purchased the land and sell it to Accused No.8/World White Resort Company, he would earn huge profit and thereby cheated him. He contended that the petitioner is required for custodial interrogation and if he is released on anticipatory bail, he may not cooperate with the investigation of the case.

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A perusal of the complaint averments goes to show that the money which was received by the petitioner from the complainant was given to accused No.1 - Kamlesh Jain. Further, the complainant transferred the remaining amount directly to the account of accused No.1.

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4 - NC: 2025:KHC:35339 CRL.P No. 10515 of 2025

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HC-KAR

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The allegation that the petitioner has induced the complainant to invest money in the property by colluding with other accused and cheated him etc., is a matter which has to be established in due course. Admittedly, as per complaint, the entire amount was received by accused No.1. In the said facts and circumstances, the relief sought by the petitioner can be granted by imposing necessary conditions. Accordingly the following:

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ORDER

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i. Petition is allowed .

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ii. Petitioner/accused No.2 in Crime No.373/2024

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registered by Ashoknagar Police Station, shall be released in the event of his arrest, 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 personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) with a surety for the likesum.

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