Srijith M. S. Vs State by Banaswadi Police Station

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR.NO.771/2024 REGISTERED BY

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NC: 2025:KHC:1261 CRL.P No. 13632 of 2024

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BANASWADI P.S. BENGALURU FOR THE OFFENCE P/U/S BNS 2023 U/S 318 PENDING BEFORE THE 11TH ADDL.C.M.M COURT MAYO HALL BENGALURU.

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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/accused No.2 is before this Court in this petition preferred under Section 482 of the BNSS 2023

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praying to enlarge him on anticipatory bail in Crime No.771/2024 of Banaswadi Police Station, Bengaluru City, registered for the offence punishable under Section 318 of the BNS 2023.

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Heard both the sides and perused the material on record.

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Complaint is lodged by one Mahendra Kumar D.R. on the basis of which the aforementioned crime was registered against accused Nos.1 and 2. Complainant has alleged that he was defrauded by the accused persons in a fraudulent transaction involving sale of gold biscuits,

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NC: 2025:KHC:1261 CRL.P No. 13632 of 2024

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leading to loss of Rs.6,50,000/- which was transferred by him to accused No.1's bank account.

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It is alleged that both the accused have

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involved in a conspiracy and cheated the complainant to the tune of Rs.6,50,000/-.

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Petitioner is an employee of M/s Joyalukkas Pvt. Ltd., located at Kammanahalli. According to the complaint averments, accused No.1 had informed the complainant that 100 grams of gold biscuits were kept for inspection at the Joyalukkas Kammanahalli branch and accused No.2 i.e., the petitioner herein would show the gold biscuits and after confirming, he transferred the amount to the account of accused No.1.

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Admittedly the amount has been transferred by the complainant to the account of accused No.1 and not to M/s Joyalukkas Pvt. Ltd., wherein the petitioner is working as a sales man. The learned counsel for petitioner has contended that petitioner has no role to play in the fraudulent actions committed by accused No.1.

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NC: 2025:KHC:1261 CRL.P No. 13632 of 2024

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At this stage except the bald allegation, there is

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no material to show that the petitioner has colluded with accused No.1 in the alleged fraudulent transactions. The same is a matter which has to be established in due course. There are no sufficient materials placed on record to show his involvement. The main allegations are against accused No.1.

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Petitioner's counsel has filed list of documents such as appointment letter of the petitioner issued by M/s Joyalukkas Pvt. Ltd., appointing him as sales trainee gold and payslips etc. He has been working from 16.07.2019.

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Considering the facts and circumstances, the relief sought by the petitioner can be granted by imposing necessary conditions. According, the following:

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ORDER

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i) The criminal petition is allowed .

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NC: 2025:KHC:1261 CRL.P No. 13632 of 2024

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ii) The petitioner/accused No.2 in Crime

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No.771/2024 of Banaswadi Police Station, Bengaluru City shall be released on bail in the event of his arrest subject to following conditions:

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a) Petitioner 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 bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with a local surety for the likesum.

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

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c) He shall mark his attendance before the Jurisdictional Police Station on every Sunday between 11:00 a.m and 01:00 p.m till the conclusion of investigation or until further orders.

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