H R Mahesha Vs the State by v v Puram Police Station — Cheating and Forgery | Karnataka HC (2025)

H R Mahesha Vs the State by v v Puram Police Station — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in the event of his arrest in Crime No.54/2025 of V.V.Puram Police Station, Mysuru, subject to conditions: (i) voluntary appearance before the IO within 15 days and execution of bail bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the IO; (ii) co-operation with the police in the investigation; (iii) no inducement, threat or promise to any person acquainted with the facts, and no tampering with evidence; (iv) appearance before the IO whenever called for.

Issue for consideration

Whether the petitioner (Accused No.1) should be granted anticipatory bail in Crime No.54/2025 of V.V.Puram Police Station, registered for offences punishable under Sections 417, 406, 420, 465, 467, 468 r/w 34 IPC.

Court's answer

Having considered the aspects that the bank obtained legal opinion from its panel advocate prior to sanction and disbursed the loan directly to accused No.3's account, and that the petitioner undertook to co-operate with the investigation, the petitioner has made out a case for grant of anticipatory bail with conditions.

Ratio / Principle

Whether the petitioner cheated the bank is a matter for investigation and trial.

Detailed headnote1 paragraphs

Anticipatory bail - granted. Petition under Section 438 Cr.P.C. (Section 482 BNSS) by Accused No.1 in Crime No.54/2025 of V.V.Puram Police Station, Mysuru, registered for offences under Sections 417, 406, 420, 465, 467, 468 r/w 34 IPC. Accusation: cheating the bank by availing a loan from ICICI Bank for purchase of a site from Accused No.3, who had no marketable title, and by non-payment of EMIs. The Court noted the bank had obtained legal opinion from its panel advocate regarding title prior to sanction and had disbursed the loan directly to Accused No.3's account, and held that whether the petitioner cheated the bank is a matter for investigation and trial. The petitioner undertook to co-operate with the police. Petition allowed: release on bail in the event of arrest, subject to appearance before the IO within 15 days, bail bond of Rs.1,00,000/- with one surety for the like sum, co-operation with investigation, no inducement/tampering, and appearance before the IO whenever called.

NC: 2025:KHC:47418 CRL.P No. 14267 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14267 OF 2025 (438(Cr.PC) / 482(BNSS))

BETWEEN:

H R MAHESHA

AGED ABOUT 48 YEARS S/O H N RAJEGOWA

RESIDING AT HOSURU VILLAGE CHUNCHANAKATTE HOBLI K R NAGARA THALLUKU HOUSURU MYSORE DISTRICT-571 617.

…PETITIONER

(BY SRI KRISHNAMOORTHY D, ADVOCATE)

AND:

THE STATE BY

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

V V PURAM POLICE STATION MYSURU, REP BY STATE PUBLIC PROSECUTOR HIGH COURT, BANGALORE-560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION BY GRANTING THE ANTICIPATORY BAIL TO THE PETITIONER IN CR.No.54/2025 BEFORE THE V.V.PURAM P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 417,406,420,465,467,468 R/W 34 OF IPC, PENDING ON THE FILE OF THE V.V.PURAM P.S., MYSORE ORDER DTD 22.09.2025

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IN CRL.MISC.No.1411/2025 BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by Accused No. 1 under Section

482 of BNSS praying to grant anticipatory bail in Crime No.54/2025 of V.V.Puram Police Station registered for offences punishable under Sections 417, 406, 420, 465,

467, 468, 34 of IPC.

Heard learned counsel for petitioner and learned HCGP for respondent/State.

Learned counsel for petitioner would contend that petitioner has applied for loan from ICICI Bank for purchase of a site from accused No.3. The loan was processed. The Bank availed legal opinion and sanctioned loan and disbursed the loan amount to the account of accused No.3. The petitioner/Accused No.1 had paid several EMIs from the year 2022 and as he failed to pay

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some EMIs, the Bank enquired with the matter and found that accused No.3 had no marketable title to sell the property. The petitioner is a victim. Accused No.3 is involved in a similar case. The petitioner is ready to cooperate with the police in investigation. With this, he prayed to allow the petition.

Per contra, learned HCGP would contend that the matter is under investigation. The petitioner and accused No.3 have cheated the bank. The petitioner is required for interrogation. With this, he prayed to reject the petition.

Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

The accusation against this petitioner is cheating the bank by availing the loan for purchase of property from accused No.3, who had no marketable title, and by non-payment of EMIs. The bank is stated to have obtained legal opinion from its panel advocate regarding title of

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property of accused No.3 prior to sanction of loan. The loan has been disbursed directly to the account of accused No.3. Whether the petitioner has cheated the bank is a matter for investigation and trial. The petitioner has undertaken to co-operate with the police in the investigation and abide by conditions to be imposed by this Court.

Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following:

ORDER

The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime No.54/2025 of V.V.Puram, Mysuru subject to following conditions:

(i) The petitioner shall voluntarily appear before the IO within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees one lakh only)

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with one surety for the like sum to the satisfaction of the IO.

(ii) The petitioner shall co-operate with the police in the investigation.

(iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The petitioner shall appear before the IO whenever called for.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB

List No.: 1 Sl No.: 20 Ct.sm