Dismissed¶33

State of Karnataka v. Sri. G Krishnegowda

Karnataka HC1 Apr 2025CRL.P/4474/2025

Case brief

AI extract

What is this about?

Karnataka High Court, CRL.P No. 4474 of 2025, decided 01.04.2025 by Justice S Vishwajith Shetty: State's petition under S.439(2) Cr.PC to cancel anticipatory bail granted on 23.03.2020 in Crl.P.No.1562/2020 (FIR Crime No.28/2020, Hebbagodi PS, S.420 IPC; alleged payment of Rs.5,75,45,000/- and 2 Kgs. 350 Gms. gold). Bail conditions complied with, cooperation with investigation, charge sheet filed; no good ground to entertain 2025 cancellation petition for 2020 bail; petition dismissed.

What did the court decide?

The respondents who were granted anticipatory bail have complied with the bail conditions and cooperated with the Investigation Officer, and after completion of investigation the charge sheet has been filed. ¶33

State of Karnataka Vs Sri. G Krishnegowda — Cheating and Forgery | Karnataka HC (2025)

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NC: 2025:KHC:13555 CRL.P No. 4474 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2025 BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4474 OF 2025

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BETWEEN:

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STATE OF KARNATAKA BY SHO HEBBAGODI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01.

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…PETITIONER

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(BY SRI. K. NAGESHWARAPPA, HCGP.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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SRI. G KRISHNEGOWDA S/O LATE SRI GIRIYAPPA AGED ABOUT 53 YEARS, RESIDING AT NO.548, 15^TH MAIN, 2^ND C CROSS, 3^RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079.

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SMT. KAVITHA K. GOWDA W/O SRI G. KRISHNEGOWDA AGED ABOUT 52 YEARS, RESIDING AT NO.548, 15^TH MAIN, 2^ND C CROSS, 3^RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079.

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SRI DHEERAJ K, S/O G KRISHNEGOWDA AGED ABOUT 30 YEARS, RESIDING AT NO.548,

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NC: 2025:KHC:13555 CRL.P No. 4474 of 2025

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15^TH MAIN, 2^ND C CROSS, 3^RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079.

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…RESPONDENTS

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THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE BAIL AND ORDER DATED 23.03.2020 PASSED BY THIS HON'BLE COURT AND CANCEL THE BAIL GRANTED IN CRL.P.NO.1562/2020, BY ALLOWING THIS PETITION.

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THIS PETITION, COMING ON 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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ORAL ORDER

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This petition under Section 439(2) of Cr.PC is filed by the State with a prayer to cancel the bail granted to the respondents herein by this Court in Crl.P.No.1562/2020 disposed of on 23.03.2020.

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Heard the learned HCGP for the petitioner-State.

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FIR in Crime No.28/2020 was registered by Hebbagodi Police Station, Bengaluru City, for the offence punishable under Section 420 of IPC against the respondents herein and another

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based on the first information submitted by Deepika.R. on 21.01.2020. Accused nos.1 to 3 who are respondent nos.1 to 3 in the present petition, had approached the jurisdictional

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NC: 2025:KHC:13555 CRL.P No. 4474 of 2025

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Sessions Court seeking anticipatory bail which was rejected. Therefore, they had approached this Court in Crl.P.No.1562/2020 which was allowed by this Court by order dated 23.03.2020.

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Perusal of the material on record would go to show that the first informant had alleged that over a period of time, she had paid cash of Rs.5,75,45,000/- and 2 Kgs. 350 Gms. of gold to the accused persons, but the accused persons had failed to return the same. This Court while granting anticipatory bail to the respondents herein in Crl.P.No.1562/2020 has observed that the transaction between the parties on the face of it appears to be monetary transaction which is essentially civil in nature. This Court has also taken note of the fact that there was absolutely no documentary proof to show the advancement of aforesaid huge amount to the accused persons by the first informant. It is under these circumstances, this Court had admitted accused nos.1 to 3 to bail subject to certain conditions.

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It is not in dispute that the respondents herein who were granted anticipatory bail have thereafter complied with the bail

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NC: 2025:KHC:13555 CRL.P No. 4474 of 2025

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conditions and they have also cooperated with the Investigation Officer. Learned HCGP fairly submits that after completion of investigation, charge sheet has been filed in the present case. Under the circumstances, I do not see any good ground to entertain this petition which is filed in the year 2025 seeking cancellation of bail granted to the respondents herein in the year 2020. Accordingly, petition is dismissed.

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Sd/-

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(S VISHWAJITH SHETTY)

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JUDGE

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State of Karnataka v. Sri. G Krishnegowda

Case brief

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State of Karnataka v. Sri. G Krishnegowda

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