Sri Naveen N Vs State of Karnataka

SRI. SUPREETH Y. PAWAR, S/O YOGENDRA RAO, AGED ABOUT 25 YEARS, RESIDING AT NO. 17/B, RMV 2ND STAGE, LOTTEGOLLAHALLI, BENGALURU - 560 094. (AS PER ADHAR CARD)

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…PETITIONERS

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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(BY SRI. RENY SEBASTIAN, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. RANGASWAMY R, HCGP)

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NC: 2025:KHC:1171 CRL.P No. 12833 of 2024

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THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE OF THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.447/2024 OF VIDYARANYAPURA P.S. WAS REGISTERED FOR THE OFFENCE P/U/S 3(5), 318 OF BNS ON THE FILE OF 7TH A.C.M.M BENGALURU CITY.

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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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This petition is preferred under Section 482 of BNSS 2023 praying to enlarge the petitioners/Accused Nos.1 and

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3 on anticipatory bail in Crime No.447/2024 of Vidyaranyapura Police Station, Bengaluru City, registered for the offence punishable under Section 318 read with Section 3(5) of BNSS 2023.

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Heard both sides and perused the material on record.

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The gist of the complaint lodged by one Ravindra Hanamappa is that, accused persons by inducing

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NC: 2025:KHC:1171 CRL.P No. 12833 of 2024

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and also threatening him received a total sum of Rs.59,48,647/- between 2022 to 2024 and cheated him by not returning the said amount.

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A perusal of the complaint averments goes to show that complainant’s daughter while pursuing her studies in one D.R. Academy came in contact with accused No.2 by name Ireen. When the complainant along with his daughter had been to her house, he met her husband i.e., petitioner No.1 herein. It is alleged that accused persons by inducing the complainant saying that he will get good profit of 20%, if a sum of Rs.1,00,000/- is invested, received a sum of Rs.2,00,000/- from him in the year 2022. Similarly in the month of November , 2022, they approached him and saying that they will give a new Innova Car in exchange to his Brezza Car took away the said car and also took a cash of Rs.7.5 Lakhs. Further, they took another sum of Rs.18,00,000/- saying that he will be given the membership of a club.

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NC: 2025:KHC:1171 CRL.P No. 12833 of 2024

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According to the complainant, the accused have cheated him to the tune of Rs.59,48,647/-.

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Learned counsel for petitioners would contend that entire allegations are false and even otherwise, the matter is of civil in nature. He further contended that the petitioners have returned a sum of Rs.15,07,000/- to the complainant which has been suppressed by him and with an ulterior motive he has lodged a false complaint against them.

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Learned High Court Government Pleader has contended that investigation is in progress and two more cases are registered against the petitioners. Therefore, if the petitioners are enlarged on anticipatory bail, they may not co-operate with the investigation of the case.

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A perusal of the complaint averments reveal that even after the accused received a sum of Rs.2,00,000/- assuring that the complainant will be given 20% profit, he continued to transfer the amount to the account of the accused. Hence, even after the complainant

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5 - NC: 2025:KHC:1171 CRL.P No. 12833 of 2024

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came to know that the accused have cheated him, huge amount is alleged to have been transferred to the account of the accused between 2022 to 2024. It appears that there is a financial transaction between the complainant and the accused persons. Petitioners herein have furnished a copy of certain documents showing transfer of money through UPI transactions. However, the same cannot be looked into at this stage to come to a conclusion that the said transaction pertains to the present case. However, there appears certain financial transaction etc. between

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the complainant and the accused from 01.01.2022 to 01.07.2024. The complaint is lodged in October 2024. The ingredients of the offences alleged against petitioners have to be established in due course. The offences alleged are not punishable with death or imprisonment for life. Hence, by imposing conditions, the relief sought by the petitioners can be granted. Accordingly, the following:-

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ORDER

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i) Petition is allowed.

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NC: 2025:KHC:1171 CRL.P No. 12833 of 2024

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ii) Petitioners / accused Nos.1 and 3 in Crime

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No.447/2024 of Vidyaranyapura Police Station shall be released in the event of their arrest subject to following conditions:

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a) They shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties for the likesum.

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b) They shall furnish proof of their residential address and shall inform the Investigation Officer/Court, if there is change in the address.

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c) They shall be available for the purpose of investigation as and when required and shall co-operate with the investigation.

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d) They shall not leave the jurisdiction of the Trial Court without prior permission till completion of the investigation of the case.

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