Mr. Anil Kumar Lobo @ Anil Lobo Vs State of Karnataka

STATE OF KARNATAKA BY POLICE INSPECTOR MANGALORE RURAL POLICE STATION MANGALORE, D.K. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560 001.

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…RESPONDENT

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(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 SRI. MOHAMMED AYUB ALI, FOR DE FACTO COMPLAINANT)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER (ACCUSED) ON BAIL (REGULAR BAIL) IN CRIME NO.0113/2024 REGISTERED BY THE MANGALURU RURAL POLICE STATION, MANGALURU D.K. FOR THE OFFENCES P/U/S/ 108 OF BNS 2023 PENDING BEFORE 3rd JMFC COURT, MANGALURU IN THE INTEREST OF JUSTICE.

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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 S. VISHWAJITH SHETTY

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NC: 2025:KHC:16918 CRL.P No. 278 of 2025

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ORAL ORDER

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Accused in Crime No.113/2024 registered by Mangalore Rural Police Station, Dakshina Kannada District, registered for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'the Act') is before this Court under Section 439 of the Criminal Procedure Code, 1973, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.113/2024 was registered by Mangalore Rural Police Station, Dakshina Kannada District for the aforesaid offence against the petitioner herein based on the first information dated 17.12.2024 received from one Jeevan Pereira, son of late Juliyan Pereira, who is the younger brother of deceased Manohar Pereira. During the course of investigation of the case, the petitioner herein was arrested on 18.12.2024 and subsequently remanded to judicial custody. His bail application filed before the II Additional District and Sessions Judge, D.K., Mangaluru in Crl.Misc.No.1120/2024 was rejected on 07.01.2025. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that even if the allegations in the first information are presumed to be proved, no case for the offence punishable under Section 108 of the Act can be made out against the petitioner. It is under these circumstances, the further proceedings in Crime No.113/2024 registered by Mangalore Rural Police Station has been stayed by the Coordinate Bench of this Court in Crl.P.No.65/2025 by order dated 08.01.2025. The petitioner is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

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Per contra, learned High Court Government Pleader and the learned counsel for the de facto complainant, do not dispute that the further proceedings in Crime No.113/2024 has been stayed by the Co-ordinate Bench of this Court in Criminal Petition No.65/2025.

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A perusal of the material on record would go to show that the petitioner was the Chairman of MCC Bank, Mangalore, Dakshina Kannada District and the deceased appears to have borrowed housing loan from the said bank. In

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the first information, it is alleged that the deceased had repaid a sum of Rs.15 lakhs to the Bank towards the loan dues but a sum of Rs.9 lakhs out of the aforesaid Rs.15 lakhs was not credited to his loan account and on the other hand, the same was allegedly withdrawn by the petitioner herein using selfCheque of the deceased.

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For the purpose of attracting the offence punishable under Section 108 of the Act, the act committed by the accused should not only have direct nexus with the death of the deceased but such an act should have been committed immediately prior to the deceased committing suicide and such act should have either abetted, instigated or aided the deceased to commit suicide. The alleged act of the petitioner about withdrawing Rs.9 lakhs by using self-check of the deceased relates to the year 2023 and the deceased has committed suicide on 17.12.2024.

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Be that as it may, undisputedly, the further proceedings in Crime No.113/2024 registered by Mangalore

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Rural Police Station has been stayed by the Co-ordinate Bench of this Court in Crl.P.No.65/2025.

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Under the circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative, without expressing any opinion on the merits and demerits of the case. Accordingly, the following:

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ORDER

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.113/2024 registered by Mangalore Rural police station, D.K.District for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:

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a) Petitioner shall execute a 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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NC: 2025:KHC:16918 CRL.P No. 278 of 2025

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