Siddeshwarachar Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS PETITIONER AND DIRECT TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.108/2025 OF BARKE POLICE STATION FOR THE OFFENCES PUNISHABLE UDER SECTIONS 316(2), 318(4) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE 6TH JMFC COURT, MANGALORE CITY DAKSHIN KANNADA DISTRICT.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused Nos.1 to 3 under

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Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.108/2025 of Barke Police Station registered for offences punishable under Sections 316(2), 318(4) read with Section 3(5) of Bharatiya Nyay Sanhita, 2023.

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NC: 2026:KHC:10123 CRL.P No. 17648 of 2025

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HC-KAR

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Heard the learned counsel for petitioner and the

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learned Additional State Public Prosecutor for

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respondent/State.

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The learned counsel for petitioners would

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contend that there were transactions and agreements between the petitioners and the complainant/Kavitha B. The petitioners could not comply with the terms of the agreement due to loss sustained in the school business. The allegations contained in the complaint indicate that the dispute is of civil nature. The complainant can recover the amount due to her from the petitioners in due process of law approaching the Civil Court. The petitioners are ready to cooperate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners. With this, he prayed to allow the petition.

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4 - NC: 2026:KHC:10123 CRL.P No. 17648 of 2025

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HC-KAR

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Per contra, The Additional State Public

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Prosecutor for respondent/State would contend that the petitioners in total have received Rs.18,72,999/- from the complainant, and did not repay the amount received. The petitioners have executed an agreement in favour of the complainant. The accused persons have also issued cheques in favour of the complainant, and the same came to be dishonored. The petitioners are required for custodial interrogation. With this, he prayed to reject the petition.

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Having heard the learned counsel, the Court

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has perused the FIR, complainant and other materials placed on record.

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The averments in the complaint indicate that

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the complainant had invested money and gold with the petitioners and their institution. The petitioners did not repay the amount as agreed and cheated the complainant. The agreements said have been executed by the petitioner No.1 in favour of the complainant made available by the

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NC: 2026:KHC:10123 CRL.P No. 17648 of 2025

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HC-KAR

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learned Additional State Public Prosecutor would indicate that there is an agreement with regard to the transactions between the petitioner No.1 and the complainant. It is alleged that the petitioners have not paid the amount and gold taken from the complainant and cheated her. Considering the said aspect, it appears that the transaction is of civil nature. The petitioners have undertaken to cooperate with the Investigation in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. The offences alleged against petitioners are not punishable either with death or imprisonment for life.

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Considering the above aspects, the petitioners

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have made out a case grant of anticipatory bail with conditions.

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In the result, the following:

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ORDER

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i) The petition is allowed.

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HC-KAR

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ii) The petitioners are ordered to be released on

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bail in the event of their arrest in Crime No.108/2025 of Barke Police Station registered for offences punishable under Sections 316(2), 318(4) read with Section 3(5) of Bharatiaya Nyay Sanhita, 2023 subject to following conditions.

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a) The petitioners shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer.

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b) The petitioners shall appear before

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the Investigating Officer whenever called for and cooperate for investigation.

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c) The petitioners shall not directly or

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indirectly make any inducement, threat or promise to any person acquainted with the facts

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