Sri Lokesh H G Vs the State of Karnataka

SRI LOKESH H.G S/O GURUPADA SWAMY AGED 25 YEARS RESIDING AT ANGANAVADI OPPOSITE, HUSKURU VILLAGE HULLAHALLI HOBLI, NANJANGUDU TALUK, MYSURU DISTRICT - 571 314.

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…PETITIONER

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(BY SRI. PRASANNA KUMAR P.,ADVOCATE)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY HULLAHALLI POLICE STATION BILIGERE CIRCLE, MYSURU DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BLDG., BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI VINAY MAHADEVAIAH, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER / ACCUSED NO.4 ON BAIL IN CONNECTION WITH THE CASE IN CR.NO.20/2025 DATED 27.01.2025 REGISTERED BY THE RESPONDENT / HULLAHALLI P.S. AS AGAINST SHRI DHARMASTHALA MAHIL SWA SAHAYA SANGA AND OTHERS (PETITIONER HAS BEEN ARRAYED AS ACCUSED NO.4 IN THE REMAND APPLICATION) ALLEGING THE COMMISSION OF OFFENCE P/U/S 108 AND SEC. 3(5) OF BNS, 2023 AND SUBMITTED BEFORE THE HONBLE CIVIL JUDGE AND JMFC COURT, NANJANGUDU, MYSURU.

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

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NC: 2025:KHC:14517 CRL.P No. 1488 of 2025

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused no.4 in Crime No.20/2025 registered by Hullahalli Police Station, Mysuru District, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.20/2025 was registered by Hullahalli Police Station, Mysuru District, for the aforesaid offences against Sri Dharmasthala Mahila Seva Sahaya Sangha and others based on the first information dated 27.01.2025 received from Latha.M.P., W/o Krishnamurthy. During the course of investigation, petitioner herein was arrested on 28.01.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.158/2025 was rejected on 30.01.2025. Therefore, he is before this Court.

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NC: 2025:KHC:14517 CRL.P No. 1488 of 2025

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Learned Counsel for the petitioner submits that necessary ingredients so as to invoke Section 108 of BNS, 2023, is absent in this case. He also submits that the grounds of arrest was not served on the petitioner. He submits that considering the aforesaid aspects of the matter, coordinate bench of this Court has granted interim bail to the petitioner in a writ petition which is filed with a prayer to quash the FIR in Crime No.20/2025. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. He submits that investigation of the case is under progress. Serious allegations are found in the first information against the accused. Accordingly, he prays to dismiss the petition.

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Perusal of the averments made in the first information would go to show that deceased Krishnamurthy had availed financial assistance from various financial institutions for the purpose of construction of his house and Krishnamurthy allegedly had committed suicide on 27.01.2025. The allegation in the first information is that since the financiers were

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NC: 2025:KHC:14517 CRL.P No. 1488 of 2025

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demanding repayment of money borrowed, Krishnamurthy was constrained to commit suicide.

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Petitioner has filed W.P.No.3143/2025 before this Court with a prayer to quash the entire proceedings in Crime No.20/2025. Coordinate bench of this Court appreciating the contentions urged on behalf of the petitioner that there are no sufficient ingredients to invoke Section 108 of BNS 2023 as against the petitioner and the grounds of arrest was not served on the accused at the time of his arrest, has granted interim bail by a reasoned interim order dated 04.02.2025.

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The alleged offences are neither punishable with death or with life imprisonment. Even otherwise, considering the nature of allegations found in the first information, a serious doubt arises whether necessary ingredients so as to invoke the offence punishable under Section 108 of BNS, 2023, against the accused is found in the first information. Petitioner has no criminal antecedents and he is said to be an employee of Ujjivan Small Finance Bank which is one of the financial institutions from which Krishnamurthy allegedly had borrowed money. Considering the aforesaid aspects of the matter, I am

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5 - NC: 2025:KHC:14517 CRL.P No. 1488 of 2025

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of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.20/2025 registered by Hullahalli Police Station, Mysuru District, for the offences punishable under Sections 108 read with 3(5) of BNS, 2023, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of

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