- 1 - NC: 2025:KHC:15163 CRL.P No. 354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 354 OF 2025 BETWEEN: SHRI. SUNNY ABHRAHAM SON OF ABRAHAM AGED ABOUT 59 YEARS, RESIDING AT: MARIADIYIL, KUDIANMALA P.O., NADUVIL VIA, ERUVASSY, P.O., AREEKAMALA, KANNUR DISTRICT, KERALA - 670 582 …PETITIONER (BY SRI. JOSEPH JOJY, ADVOCATE FOR SRI. VIJAYA KUMAR T.M., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY GONIKOPPA POLICE STATION. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT BAIL TO THEM IN CRIME NO.105/2024 OF RESPONDENT GONIKOPPA POLICE, REGISTERED FOR OFFENCE P/U/S 406, 420 OF IPC ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT AT PONNAMPET. THIS CRL.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:15163 CRL.P No. 354 of 2025 ORAL ORDER Accused No.2 in Spl.C.No.109/2024 pending before the Court of Principal District and Session Judge, Madikeri, Kodagu District, arising out of Crime No.105/2024 registered by Gonikoppa Police Station, Kodagu, for offences punishable under Section 406 and 420 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.105/2024 was registered by Gonikoppa Police Station, Kodagu, for the aforesaid offences against Rahul Chakrapani and others on the basis of the first information dated 04.10.2024 received from the Bhavya M.R., who was the employee of the Co-operative Society known as 'Malabar Multistate Agro Co-operative Society' of which the petitioner is the Chief Executive Officer. 4. During the course of investigation of the case, petitioner was arrested on 19.10.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed against eight - 3 - NC: 2025:KHC:15163 CRL.P No. 354 of 2025 persons. The petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner in Crl.Mis.No.427/2024 before the Jurisdictional Sessions Court was rejected on 28.11.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is only an employee in the Society and he has no control over the management. He has fully co-operated with the police for the purpose of investigation. Similar cases were registered against him in Madikeri, Virajpet and Kushalnagar police stations. He has been granted regular bail by the Sessions Court in the cases which are registered by Madikeri and Virajpet police stations. Investigation of the case is completed and charge sheet has been filed. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that only a preliminary charge sheet has been filed in the present case and therefore, petitioner cannot be granted regular bail at this stage. Accordingly, prays to dismiss the petition. - 4 - NC: 2025:KHC:15163 CRL.P No. 354 of 2025 7. Learned counsel for the petitioner has brought to the notice of this Court that petitioner was earlier serving in the Indian Army and after his retirement, for the last one and half years he has been working in the aforesaid Society known as 'Malabar Multistate Agro Co-operative Society' as CEO. He is in custody from 19.10.2024. In the other two cases registered against the petitioner with the similar allegations by Madikeri and Virajpet police station, petitioner has been already enlarged on bail by the Sessions Court. In the case registered against him by Kushalnagar Police Station, this Court has granted regular bail to him by even date order passed in Crl.P.No.14088/2024. Investigation of the case is completed and the charge sheet has been filed. Petitioner has undertaken to co-operate with the police for the purpose of further investigation, if any. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:15163 CRL.P No. 354 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.105/2024 registered by Gonikoppa Police Station, Kodagu, for offences punishable under Section 406 and 420 of IPC, subject to the following conditions: 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; 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of - 6 - NC: 2025:KHC:15163 CRL.P No. 354 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 39