Disposed¶40

Nithyananda Shetty v. Suvasini Shetty @ Varsha Shetty

Karnataka HC22 Jan 2025CRL.P/13506/2024

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), Justice Mohammad Nawaz, order dated 22-01-2025; NC: 2025:KHC:2614; CRL.P No. 13506 of 2024 under S.439(2) Cr.P.C. / S.483(3) BNSS; cancellation of anticipatory bail; Crime No.185/2024 Brahmavar Police Station, Udupi; Sections 316, 318, 3(5) BNS 2023; alleged cheating of Rs.75,00,000/- over gold auction of Manipal Citycorp Finance; impugned order: Crl. Misc No.282/2024 dated 18.09.2024, Principal District and Sessions Judge, Udupi; allegation of violation of bail conditions / non-cooperation with investigation; complainant permitted to seek cancellation of bail before Sessions Court; petition disposed of.

What did the court decide?

Since the learned Sessions Judge assigned reasons and imposed conditions while granting bail, the grant of Anticipatory Bail to Accused No.1 cannot be held to be illegal. ¶33

Nithyananda Shetty Vs Suvasini Shetty @ Varsha Shetty — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:2614 CRL.P No. 13506 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 13506 OF 2024

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BETWEEN:

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NITHYANANDA SHETTY, S/O LATE NARAYANA SHETTY, R/AT KADOOR PATEL HOUSE, NADOOR POST AND VILLAGE BRHAMAVARA TALUK, UDUPI DISTRICT - 576 223.

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…PETITIONER

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(BY SRI. R.S. RAVI, SR. COUNSEL FOR SRI. JAYANTHA POOJARY, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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SUVASINI SHETTY @ VARSHA SHETTY, D/O KRISHNAMOORTHY SHETTY, AGED ABOUT 36 YEARS, R/AT FLAT NO.103, 1ST FLOOR, ALEVOOR MANIPAL ROAD, UDUPI TALUK - 576 223.

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THE STATE THROUGH STATION HOUSE OFFICER BRAHMAVARA POLICE STATION, UDUPI - 576 101, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI. BALAKRISHNA M.R, ADVOCATE FOR R1; SRI. RANGASWAMY R, HCGP FOR R2)

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NC: 2025:KHC:2614 CRL.P No. 13506 of 2024

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THIS CRL.P IS FILED U/S 439(2) OF CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE BAIL BY SET ASIDE THE ORDER PASSED IN CRIMINAL MISCELLANEOUS NO.282/2024 DATED ON 18TH DAY OF SEPTEMBER BY THE PRL. DISTRICT AND SESSION JUDGE, UDUPI.

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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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Petitioner being the defacto complainant has preferred this petition seeking cancellation of bail granted to respondent No.1/accused No.1 by the Court of Principal District and Sessions Judge, Udupi in Crl. Misc No.282/2024 dated 18.09.2024.

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Crime No.185/2024 of Brahmavar Police Station, Udupi came to be registered against respondent No.1 and two others for offences punishable under Sections 316,318,3(5) of BNS 2023.

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NC: 2025:KHC:2614 CRL.P No. 13506 of 2024

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The allegations are that the accused persons induced the complainant and similar other persons stating that they will be provided gold purchased by them in the auction conducted by Manipal Citycorp Finance and then received huge amount from them to the tune of Rs.75,00,000/- and cheated them neither giving them the gold nor returning the amount paid by them.

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The learned Sessions Judge vide impugned order has granted Anticipatory Bail to accused No.1 by imposing several conditions. While granting bail, it is observed that possession and receipt of the amount are the subject matter of the investigation, complainant is not an innocent

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to part with the huge amount without any records. It is also noticed that accused No.1 was prosecuted by many people in respect of offences arising under Section 138 of Negotiable Instruments Act and some of the cases are reportedly compromised.

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NC: 2025:KHC:2614 CRL.P No. 13506 of 2024

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While granting bail, the learned Sessions Judge has assigned reasons and imposed conditions. Hence, grant of bail cannot be held to be illegal.

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The learned Senior counsel appearing for the petitioner has contended that subsequent to grant of bail, accused No.1 has violated the conditions by not cooperating with the investigation. He has filed a memo along with certain documents wherein it is seen that the Investigating Officer has written a letter to the learned Public Prosecutor bringing to his notice that accused No.1 has not co-operated with the investigation and to seek for cancellation of bail.

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It is not forthcoming as to whether the State has filed any petition for cancellation of bail before the Sessions Court. Be that as it may, even the complainant can file a petition for cancellation of bail before the Sessions Court, if there are violation of conditions. If any such petition is filed by the complainant or the State, the

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NC: 2025:KHC:2614 CRL.P No. 13506 of 2024

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learned Sessions Judge shall dispose of the same in

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accordance with law.

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With the above observation, petition is disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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