Akbar Arish, Vs the State of Karnatka — Cheating and Forgery | Karnataka HC (2025)

Akbar Arish, Vs the State of Karnatka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 438 Cr.P.C. (Section 482 BNSS): petitioner ordered to be released in the event of arrest in Crime No.183/2024 of Mudigere Police Station, subject to conditions (bond Rs.2,00,000/- with two sureties, address proof, co-operation with investigation, no tampering, reporting every Monday and Wednesday between 10.00 a.m. and 1.00 p.m. till conclusion of investigation); violation of conditions to result in cancellation of bail.

Issue for consideration

Whether the petitioner, accused in Crime No.183/2024 of Mudigere Police Station for an offence punishable under Section 318 BNS, should be enlarged on anticipatory bail under Section 438 Cr.P.C. (filed under Section 482 BNSS).

Court's answer

The offence alleged against the petitioner is not punishable with death or imprisonment for life.

Ratio / Principle

In the facts and circumstances, and in view of the petitioner counsel's submission (placed on record) that the petitioner is ready to settle the matter and repay the amount, the relief sought can be granted by imposing necessary conditions; violation of any condition will disentitle the petitioner to the relief granted.

Key takeaways

Anticipatory bail granted: petitioner/accused in Crime No.183/2024 of Mudigere Police Station, Chikmagalur, ordered to be released in the event of arrest, subject to conditions including execution of a bond of Rs.2,00,000/- with two sureties for the likesum, furnishing proof of residential address, co-operation with investigation, no tampering with prosecution evidence/witnesses, and appearance before the Police Station every Monday and Wednesday between 10.00 a.m. and 1.00 p.m. till conclusion of investigation; violation of conditions shall result in cancellation of bail.ratio¶37
Observation that, at this stage, it cannot be said that there is no prima-facie case against the petitioner (all transactions alleged to have been made through bank transfers from the accounts of the complainant and his brother).obiter¶26

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Mohammad Nawaz J., by oral order dated 12-09-2025, allowed CRL.P No. 6527 of 2025 filed under S.438 Cr.P.C. (also referred to as filed under S.482 BNSS) seeking anticipatory bail in Crime No.183/2024 of Mudigere Police Station, Chikkamagaluru, for an offence punishable under S.318 BNS, 2023. The complaint alleged that the petitioner, by promising the complainant's brother (working in Qatar) a good job, received a total of Rs.5,15,000/- on various occasions and thereafter cheated him without providing any job or returning the money. While observing that at that stage it could not be said there was no prima-facie case (transactions allegedly through bank transfers), the court noted the offence was not punishable with death or life imprisonment, that the petitioner undertook to co-operate with the investigation, and that his counsel's submission that he was ready to settle the matter and repay the amount was placed on record. The learned HCGP pointed out another similar case against the petitioner (Crime No. 23/2025, Arehalli Police Station, Hassan District), in which he had already been enlarged on bail. Accordingly, the petitioner was ordered to be released in the event of arrest subject to conditions: appearance before the Investigating Officer within three days and execution of a bond of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum; furnishing proof of residential address and informing the Court of any change; co-operating with the investigation; not tampering with prosecution evidence/witnesses; and appearing at the Police Station every Monday and Wednesday between 10.00 a.m. and 1.00 p.m. till conclusion of investigation. Violation of any condition would result in cancellation of bail.

NC: 2025:KHC:36214 CRL.P No. 6527 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6527 OF 2025

BETWEEN:

AKBAR ARISH, S/O ABDUL AZIZ, AGED ABOUT 43 YEARS, R/AT No.1-92, YEDURUPADAVU, MOODUSHEDDE, VAMANJOOR, THIRUVAIL, D.K. DISTRICT-575028

…PETITIONER

(BY SRI MAHAMMAD ANWAR, ADVOCATE)

Digitally signed by LAKSHMI T Location: High Court of Karnataka

AND:

THE STATE OF KARNATKA BY MUDIGERE POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

…RESPONDENT

(BY SRI R RANGASWAMY, HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CONNECTION WITH CRIME NO.183/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 318 OF BNS PERTAINING TO MUDIGERE POLICE STATION PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DIV) AND JMFC COURT, MUDIGERE, CHIKKAMAGALURU DISTRICT.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

FIR in Crime No.183/2024 of Mudigere Police Station is registered against the petitioner for an offence punishable under Section 318 of the BNS, 2023, on a complaint lodged by one Jeesan Hilton Monis.

Gist of the complaint is that, petitioner by promising complainant's brother, working in Qatar, that he will get him a good job, received on various occasions, a total sum of Rs.5,15,000/- and later cheated him without providing any job and not returning the money received from him.

At this stage, it cannot be said that there is no prima-facie case against the petitioner. All the transactions according to the complainant are made either through bank transfers from the account of the complainant and from the account of his brother. However, it is submitted by the learned counsel that the petitioner is ready to settle the matter and repay the amount received from the

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complainant and his brother. The said submission is placed on record.

Learned HCGP submits that there is another case registered against the petitioner in Crime No. 23/2025 of Arehalli Police Station, Hassan District for a similar offence.

The offence alleged against the petitioner is not punishable with death or imprisonment for life. Petitioner has undertaken to co-operate with the investigation of the case and abide by conditions. It is submitted that in Crime No.23/25 of Arehalli Police Station, Hassan District, he has been enlarged on bail. In the facts and circumstances and keeping in view the submission of the learned counsel for petitioner, by imposing necessary conditions, the relief sought in the petition can be granted, making it clear that, if any of the conditions are violated, petitioner shall not be entitled for the relief granted. Accordingly, the following:

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Petition is allowed .

Petitioner/accused in Crime No.183/2024 of Mudigere Police Station, Chikmagalur, is ordered to be released, in the event of his arrest, subject to following conditions:

a) He shall appear before the Investigating Officer within three days from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.2,00,000/(Rupees Two lakh only) with two sureties for the likesum.

b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

c) He shall co-operate with the investigation of the case.

d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly.

e) He shall appear before the Police Station for the purpose of investigation on every Monday and Wednesday between

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10.00 a.m. and 1.00 p.m. till conclusion of investigation.

Violation of condition/s shall result in cancellation of

bail.

Sd/(MOHAMMAD NAWAZ) JUDGE

DKB

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