T Shivanandamurthy Vs the State of Karnataka

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER / ACCUSED NO1. REGULAR BAIL IN CR.NO.69 OF 2025 REGISTERED BY THE RESPONDENT POLICE / TOWN POLICE STATION AT TUMAKURU CITY, FOR THE OFFENCE P/U/S 120B, 406, 409, 420, 114 R/W SEC. 34 OF IPC AND SEC.

¶18

2 -

¶19

NC: 2025:KHC:19201 CRL.P No. 5962 of 2025

¶20

HC-KAR

¶21

4, 5, 6 OF THE PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT, 1978 AND U/S 9 OF THE KARNATAKA PROTECTION OF INTEREST DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004 WHICH IS NOW PENDING ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU, TUMAKURU DISTRICT.

¶22

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

¶23

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶24

ORAL ORDER

¶25

Accused No.1 in Crime No.69/2025 registered by Tumakuru Town Police Station, Tumakuru for the offences punishable under Sections 4, 5 and 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, Section 9 of the Karnataka Protection of Interest Depositors in Financial Establishment Act 2004 and Sections 120B, 406, 409, 420 and 114 read with Section 34 of IPC is before this court under Section 483 of the Bharatiya Nagarika Suraksha Sanhita, 2023 seeking regular bail.

¶26

Heard the learned counsel for the parties.

¶27

3 -

¶28

NC: 2025:KHC:19201 CRL.P No. 5962 of 2025

¶29

HC-KAR

¶30

F.I.R. in Crime No.69/2025 was registered by Tumakuru Town Police Station, Tumakuru for the aforesaid offences against the petitioner and four other persons based on the first information dated 29.01.2025 received from Siddalingappa L., S/o Late Lingadevaru. During the course of investigation of the said case, petitioner herein was arrested on 01.02.2025 and bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.412/2025 was rejected on 02.04.2025, therefore he is before this Court.

¶31

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is aged about 73 years having no criminal antecedents. He is in custody for the last more than four months. Accused No.2 who was arrested in the present case was granted regular bail by the jurisdictional Court and accused Nos.3 to 5 have been granted anticipatory bail. Investigation of the case is not completed and chargesheet has not been

¶32

filed in the present case and therefore petitioner is entitled

¶33

4 - NC: 2025:KHC:19201 CRL.P No. 5962 of 2025

¶34

HC-KAR

¶35

for statutory bail as provided under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly he prays to allow the petition.

¶36

Per contra, the learned High Court Government Pleader has opposed the petition on the ground that there are several allegations made against the petitioner, but he does not dispute the submissions made by the learned counsel for the petitioner.

¶37

In the first information which is filed on 29.01.2025 it

¶38

is alleged by the first informant that he is a retired government servant and he purchased jewellery from the shop of the petitioner known as Akash Jewellers situated at Tumkur. It is alleged that the petitioner had represented to the first information that if investments are made for purchase of gold, investors would be getting higher returns and therefore the first informant allegedly consulted with his family members and had thereafter invested totally a sum of Rs.1 crore with the petitioner

¶39

5 - NC: 2025:KHC:19201 CRL.P No. 5962 of 2025

¶40

HC-KAR

¶41

herein for the period from 11.10.2021 to 15.09.2023. In

¶42

the first information itself it is mentioned that the petitioner had paid a sum of Rs.6 lakhs to the first informant towards the profit made by the investments during the aforesaid period. It is alleged that subsequently when the first informant had asked the petitioner to repay the money deposited by him, he had evaded his phone calls and when he went near his jewellery shop, he found that the shop was closed and thereafter on enquiry the first informant learnt that even the house of the petitioner was closed. It is under these circumstances the first informant had approached the police. Undisputedly, accused No.2 who was arrested in the present case has been granted regular bail and accused Nos.3 to 5 have been granted anticipatory bail. So far as the petitioner who is aged 73 years is concerned, he is in custody from 01.02.2025. Learned HCGP on instructions submits that investigation of the case is not completed and chargesheet is yet to be filed. The petitioner is in custody from

¶43

6 -

¶44

NC: 2025:KHC:19201 CRL.P No. 5962 of 2025

¶45

HC-KAR

¶46

01.02.2025 and in view of Section 187(3)(i) of Bharatiya Nagarik Suraksha Sanhita, 2023, since chargesheet is not filed within 90 days from the date of remand of the petitioner to the judicial custody, he is entitled for statutory bail. Therefore, without going into the merits and demerits of the case, the prayer made by the petitioner for grant of bail is required to be answered in the affirmative. Accordingly, the following:

¶47

ORDER

¶48

The petition is allowed .

¶49

The petitioner is directed to be enlarged on bail in Crime No.69/2025 of Tumakuru Town Police Station registered for the offences punishable under Sections 4, 5 and 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, Section 9 of the Karnataka Protection of Interest Depositors in Financial Establishment Act 2004 and Sections 120B, 406, 409, 420 and 114 read with Section 34 of IPC, subject to the following conditions:

¶50

7 -

¶51

NC: 2025:KHC:19201 CRL.P No. 5962 of 2025

¶52

HC-KAR

¶53

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;

¶54

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;

¶55

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

¶56

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

¶57

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

¶58

SD/(S VISHWAJITH SHETTY) JUDGE

¶59

PGG

¶60

List No.: 1 Sl No.: 64

T Shivanandamurthy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

T Shivanandamurthy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mr Mohammad C a Vs the State by Bantwal Town Police

Sri Suresha @ Suri Vs the State of Karnataka

N.S. Naveen Kumar Vs State by Tiptur Town Police

Siddesha Vs State of Karnataka by

Sri Jayanna @ Jayarama Vs State of Karnataka

Sri Raghu G Vs the State of Karnataka