Sri Mohan Kumar C B v. State of Karnataka

Karnataka HC13 Jun 2025CRL.P/7206/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Section 438 Cr.P.C.; Crime No.103/2019; CC.No.610/2018; Chikkamagaluru Town Police; Sections 406 & 420 IPC / BNS 2023; Sections 21 & 22 Banning of Unregulated Deposit Schemes Ordinance 2019; Crl.Misc.No.709/2019; NBW recall; proclamation order; dismissal as not pressed; liberty to surrender; three-day timeline; High Court of Karnataka; Justice S Vishwajith Shetty; 13 June 2025.

What did the court decide?

Petition dismissed as not pressed with liberty to the petitioner to surrender before the jurisdictional Court and file applications to recall the NBW and proclamation orders; such applications to be considered and disposed of on merits as expeditiously as possible, not later than three days from the date of filing. ¶¶40-41

Sri Mohan Kumar C B Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, Accused No.1 in Crime No.103/2019, should be enlarged on anticipatory bail under Section 482 of BNSS, 2023 upon surrender in CC.No.610/2018.

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Court's answer

The criminal petition is dismissed as not pressed, with liberty to the petitioner to surrender before the jurisdictional Court and file necessary application to recall the NBW and proclamation orders issued against him.

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Ratio / Principle

If the petitioner surrenders and files applications seeking recall of the NBW and proclamation order, the jurisdictional Court shall consider and dispose of those applications on merits as expeditiously as possible, not later than three days from the date of filing.

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Detailed headnote1 paragraphs

Criminal Petition under S.482 BNSS, 2023 (also styled u/S 438 Cr.P.C in the cause title) by Accused No.1 in Crime No.103/2019 of Chikkamagaluru Town Police Station — offences u/Ss.406 & 420 (IPC per cause title; BNS, 2023 per body) and Ss.21 & 22 of the Banning of Unregulated Deposit Schemes Ordinance, 2019 — seeking anticipatory bail upon surrender in CC.No.610/2018. Learned HCGP pointed out that the petitioner was arrested in 2019, enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.709/2019, and thereafter failed to appear before the Trial Court, whereupon coercive steps (NBW and proclamation) were taken. Counsel for the petitioner sought leave to withdraw the petition with liberty to surrender and apply for recall of the NBW and proclamation orders. Petition dismissed as not pressed with liberty as prayed for; recall applications, if filed upon surrender, to be considered and disposed of on merits within three days of filing.

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NC: 2025:KHC:20476 CRL.P No. 7206 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 7206 OF 2025

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BETWEEN:

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SRI MOHAN KUMAR C.B S/O BORANNA AGED ABOUT 39 YEARS BUSINESS, RESIDING AT HIREMAGALURU VILLAGE CHIKKAMAGALURU TALUK - 577 101.

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…PETITIONER

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(BY SRI K.S. GANESHA, ADV.)

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AND:

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STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SMT. WAHEEDA M.M, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION BY DIRECTING THE PRL. CIVIL JUDGE (SR.DN) AND CJM, CHIKKAMAGALURU TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL ON THIS SURRENDER IN CC.NO.610/2018, FOR THE OFFENCES P/U/S 406,420 OF IPC, U/S 21 AND 22 OF BANNING OF UNREGULATED DEPOSIT SCHEMES ORDINANCE, 2019 BY THE TOWN POLICE, CHIKKAMAGALURU.

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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:20476 CRL.P No. 7206 of 2025

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HC-KAR

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.103/2019 registered by Chikkamagaluru Town Police Station, Chikkamagaluru District for the offences punishable under Sections 406 & 420 of BNS, 2023 and Sections 21 and 22 of Banning of Unregulated Deposit Schemes Ordinance, 2019 is before

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this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.

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Heard the learned counsel appearing for the

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parties.

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Learned HCGP has pointed out to this Court that

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the petitioner, who was arrested in the present case in the

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year 2019 was subsequently enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.709/2019. Thereafter, he had not appeared before the Trial Court and coercive step was taken against him to secure his

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NC: 2025:KHC:20476 CRL.P No. 7206 of 2025

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HC-KAR

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presence. Under this circumstance, his prayer for

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anticipatory bail cannot be granted.

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Learned counsel for the petitioner after arguing

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the matter for some time submits that, the petitioner may be permitted to withdraw the petition with a liberty to the petitioner to surrender before the jurisdictional Court and file necessary application to recall the NBW and proclamation orders issued against him. He submits that considering the fact that the petitioner was earlier enlarged on bail on merits of the case by the jurisdictional Court, the concerned Court may be directed to consider the application of the petitioner on the same day.

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The submission is placed on record.

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The petition is dismissed as not pressed with

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liberty as prayed for. In the event, the petitioner surrender before the jurisdictional Court and files necessary application seeking to recall the NBW and proclamation order issued against him, the said applications shall be considered and disposed of on merits as expeditiously as

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NC: 2025:KHC:20476 CRL.P No. 7206 of 2025

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HC-KAR

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possible but not later than a period of three days from the

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date of filing of the application.

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Sd /- (S VISHWAJITH SHETTY) JUDGE

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