Kavya S Vs State of Karnataka

THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE HIM ON ANTICIPATORY BAIL WHO IS ACCUSED IN C.C.NO.4683/2023 (CRIME NO.39/2023) BY THE RESPONDENT KUVEMPUNGAR POLICE, ON THE FILE OF THE HONBLE I ADDITIONAL CIVIL JUDGE AND JMFC AT MYSURU FOR THE OFFENCE P/US/ 420,465,468,471 OF IPC.

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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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NC: 2025:KHC:71 CRL.P No. 13454 of 2024

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ORAL ORDER

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Petitioner/accused is seeking anticipatory bail in Crime No.39/2023 of Kuvempunagar Police Station, registered for offences punishable under sections 420, 465, 468 and 471 of IPC.

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Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record.

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The above crime came to be registered on the basis of a private complaint filed by one Sri.Vipin Das E, Manager, SBI Bank, Panchamantra Road, Kuvempunagara, Mysuru City, which complaint was referred to police for investigation.

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On completion of the investigation, the police have filed charge sheet against the petitioner for the aforementioned offences.

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Apprehending arrest by the police, petitioner approached the learned Sessions Judge for anticipatory

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NC: 2025:KHC:71 CRL.P No. 13454 of 2024

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bail, which petition was dismissed by order dated 23.10.2024, wherein the learned Sessions Judge has observed that her petition under Section 438 of Cr.P.C was already dismissed once and till date the petitioner has failed to appear before the Investigating Officer for investigation, though she is a permanent resident of Mysuru City.

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The allegations are that, petitioner claiming to be working as Administrative Manager in Admire Service situated at Yaraganahalli, Srikrishna Nagara, Bannur Main Road, Mysuru with a salary of Rs.46,000/- per month, furnished false documents and availed personal loan of Rs.12.00 lakhs from the SBI, Mysuru. During the audit by R.F.I.A and spot audit dated 25.05.2022 and 29.06.2022, it was revealed that the petitioner was not having any savings bank account in Karnataka Bank and no salary was deposited by Admire Service to the account of petitioner. The complainant reported the information to the bank DJM on 29.06.2022 who in turn after verifying

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NC: 2025:KHC:71 CRL.P No. 13454 of 2024

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the same directed for re-verification and then legal action was initiated against the petitioner.

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The case of the prosecution in brief is that the petitioner though not working as an Administrative Manager at Admire Service, approached the bank for loan of Rs.12.00 lakhs claiming to be drawing a salary of Rs.46,000/- per month with a fraudulent intention of cheating and by furnishing false bank account details and forged bank statements availed the said loan on 9.2.2022.

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According to the petitioner, she is working at Admire Service at Marketing Department. For expansion of the business of her husband she availed the loan by submitting three months bank statements, PAN card, Aadhar Card etc., through an agent and she has not given the bank statement of Karnataka Bank as alleged by the complainant. It is also contended by the learned counsel that the petitioner is not a defaulter and she has been paying the EMI regularly.

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9. Petitioner is a woman. The offences alleged are

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not punishable with death or imprisonment for life. The allegations made against the petitioner have to be established in due course. Apprehending her arrest petitioner had approached the sessions Court seeking anticipatory bail on two occasions. Since the prayer was rejected, she is before this Court. It cannot be said that the petitioner was absconding or that she had an intention to flee from justice. She is a permanent resident of Mysuru City. She has undertaken to furnish sufficient surety to ensure her regular appearance before the Trial Court and also to cooperate with the further investigation of the case. Considering the facts and circumstances, the relief sought can be granted by imposing necessary conditions. Hence, the following:

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ORDER

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i) The criminal petition is allowed .

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NC: 2025:KHC:71 CRL.P No. 13454 of 2024

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ii) The petitioner/accused shall be released in the

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event of her arrest in Crime No.39/2023 of Kuvempunagar Police Station, Mysuru, registered for offences punishable under sections 420, 465, 468 and 471 of IPC, pending in C.C.No.4683/2023 on the file of the Court of I Additional, Civil Judge and JMFC at Mysuru subject to following conditions:

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a) Petitioner shall appear before the learned Magistrate/Jurisdictional Court within a period of one week from the date of receipt of a copy of this Order and execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum.

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b) She shall appear before the investigation officer within a period of one week thereafter and shall cooperate with the further investigation of the case, if any.

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