Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5230 CRL.P No. 890 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 890 OF 2025 (438(Cr.PC) / 482(BNSS))
BETWEEN:
ASHITOSH MANASING NALAVADE @ ASHITOSH NALAWADE S/O MANASING, AGED ABOUT 30 YEARS, NO.137, MANJARARI, BELGAUM-591 213. …PETITIONER (BY SRI. ANANDEESWAR D.R., ADVOCATE) AND:
THE STATE BY CHANNAMMAKERE ACCHUKATTU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, ADVOCATE GENERAL OFFICE, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER BY DIRECTING THE RESPONDENT CHENNAMMAKERE ACHUKATTU POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.224/2024 PENDING ON THE FILE OF 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, NRUPATUNGA ROAD, BENGALURU CITY, ON THE COMPLAINT OF THE COMPLAINANT FILED AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:5230 CRL.P No. 890 of 2025
UNDER SECTION 420, 417, 504, 506 AND 120(B) R/W 34 OF THE IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
FIR in Crime No.224/2024 is registered at Channammanakere Achu Kattu Police Station, Bengaluru city against the petitioner and another accused for offences punishable under Section 420, 417, 504, 506, 120B r/w 34 of IPC. 2. This petition is preferred by accused No.1 to enlarge him on anticipatory bail. 3. In the complaint lodged by one Sachin Satwar on 30.09.2024, he has stated that the petitioner herein is his childhood friend. It is alleged that petitioner induced him saying that he is doing online trading business and both of them can start a trading institute and assuring a profit of 10%, made him to invest a sum of Rs.6 lakhs on 13.06.2022 and again a sum of Rs.2.5 lakhs was received
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NC: 2025:KHC:5230 CRL.P No. 890 of 2025
by him by cash in the month of October 2022 and a sum of Rs.6.5 lakhs on 12.01.2023 through NEFT and thereafter, cheated him by not returning the said amount. It is further stated that petitioner has similarly received huge amount from various others and cheated them to the tune of Rs.73 lakhs. 4. The petitioner is alleged to have transferred the amount to the account of the complainant on 13.06.2022 and 12.01.2023. It is alleged that assuring 10% profit to the amount invested by the complainant and inducing that they can start online trading business and if amount is invested the complainant will receive profit, accused received the said amount and thereafter, cheated the complainant as well as similarly others. 5. Learned High Court Government Pleader has contended that the statement of some of the victims have been recorded, which shows the petitioner has received huge amount from various persons and cheated them. - 4 -
NC: 2025:KHC:5230 CRL.P No. 890 of 2025
6. Petitioner has undertaken to cooperate with the investigation of the case. The offence alleged are not punishable with death or imprisonment for life. The police have issued two notices dated 19.12.2024 and 06.12.2024 to the petitioner under Section 41 of Cr.P.C., to appear before them to participate in inquiry. However, he has not appeared before the I.O.
Hence, petitioner is apprehending his arrest. Since, the petitioner has undertaken to cooperate with investigation of the case and to furnish adequate surety to ensure his presence before Court, relief sought by the petitioner can be granted by imposing conditions.
Accordingly, the following:
ORDER
Petition is allowed. Petitioner/accused No.1 in Crime No.224/2024 of Channammanakere Achu Kattu Police Station, Bengaluru City, shall be released in the event of his arrest, subject to following conditions:
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NC: 2025:KHC:5230 CRL.P No. 890 of 2025
a) He shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall cooperate with the investigation of the case and shall be available for the purpose of investigation whenever necessary. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 26 Ct:ar