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2025 DAILYLAW 16855 (KAR)

SRI MANU M v. STATE OF KARNATAKA

CRL.P/1971/2025 · 2025-03-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:10320 CRL.P No. 1971 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1971 OF 2025 BETWEEN: 1. SRI MANU M S/O SRI MADEGOWDA AGED ABOUT 40 YEARS. 2. SRI MADEGOWDA S/O LATE KARIBASAVAEGOWDA AGED ABOUT 74 YEARS. BOTH ARE R/O KEMMALE VILLAGE SATHANUR HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 126. …PETITIONERS (BY SRI D.R. RAVISHANKAR, SR. COUNSEL FOR SMT. SIRI R, ADV.,) AND: STATE OF KARNATAKA THROUGH SATHANUR POLICE KANAKAPURA CIRCLE, RAMANGARA DISTRICT - 562 126, REP BY STATE PUBLIC PORSECUTOR, HIGH COURT OF KARNATAKA BUILDING BENGBALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND TO GRANT ANTICIPATORY BAIL TO THE PETITIONER, DIRECTING THE RESPONDENT POLICE, TO RELEASE THE PETITIONER FORTH WITH ON BAIL, IN THE EVENT OF THEIR ARREST IN CR.NO.41/2024 IN SATHANUR P.S., FOR THE OFFENCE P/U/S 120(B), 408,201,419,420,465,468,471 AND 149 OF Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10320 CRL.P No. 1971 of 2025 IPC, ON THE FILE OF 1st ADDL. CIVIL JUDGE AND JMFC COURT, KANAKAPURA, RAMANAGARA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.2 & 3 in Crime No.41/2024 registered by Sathanoor Police Station, Ramanagara District, for the offences punishable under Sections 120B, 408, 201, 419, 420, 465, 468, 471, 149 IPC, are before this Court under Section 438 Cr.PC seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.41/2024 was registered by Sathanoor Police Station, Ramanagara District, for the aforesaid offences against Ananthnag and others based on the first information dated 16.03.2024 received from Gopi - Senior Manager of Canara Bank. Petitioners herein are arrayed as accused nos.2 & 3 in the FIR. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.5040/2025 before the jurisdictional Sessions Court, which was dismissed on 05.02.2025. Therefore, they are before this Court. - 3 - NC: 2025:KHC:10320 CRL.P No. 1971 of 2025 4. Learned Senior Counsel appearing for the petitioners submits that petition may be dismissed as against petitioner no.1/accused no.2. He submits that accused no.3 is the father of accused no.2 and he is aged 74 years. He is totally unaware of the bank transactions and his health condition is not good. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition in so far as accused no.3 is concerned. 5. Per contra, learned HCGP has opposed the petition. He submits that the amount was transferred to the bank account of accused nos.2 & 3, and therefore, they are required to explain the same. Custodial interrogation of accused nos.2 & 3 is required considering the transactions found in their bank accounts. Accordingly, he prays to dismiss the petition. 6. In the first information which is submitted by the Branch Manager of Canara Bank, Honnaganahalli Branch, Kanakapura, Ramanagara District, it is averred that based on the complaint dated 31.07.2021 received from an NGO - M/s. Kanakambari Mahila Okkuta, a special investigation was conducted and it was - 4 - NC: 2025:KHC:10320 CRL.P No. 1971 of 2025 found that funds in self health group accounts were debited and transferred to multiple customers accounts, and on verification of the documents, it was found that certain amount from the self health group accounts was found to be transferred to the accounts of accused nos.2 & 3 and other accused persons named in the FIR. It is in this background, the complainant had approached the police. 7. Learned Senior Counsel appearing for the petitioner has submitted that accused no.3 is an agriculturist aged about 74 years and he has no knowledge of bank transactions. He has brought to the notice of this Court that accused no.3 has been suffering from certain age old ailments. He has undertaken that accused no.3 will cooperate with the police for the purpose of investigation. 8. Accused no.2 is the son of accused no.3 and possibilities of accused no.2 operating both the bank accounts cannot be ruled out. Considering the nature of allegations found in the first information as well as the age and avocation of petitioner no.2/accused no.3, I am of the opinion that the discretionary - 5 - NC: 2025:KHC:10320 CRL.P No. 1971 of 2025 relief of anticipatory bail can be exercised only as against accused no.3. Accordingly, the following order: 9. Petition is allowed in part. Petition is dismissed as withdrawn as against petitioner no.1/accused no.2, and is allowed as against petitioner no.2/accused no.3. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner no.2/accused no.3 in the event of his arrest in Crime No.41/2024 registered by Sathanoor Police Station, Ramanagara District, for the offences punishable under Sections 120B, 408, 201, 419, 420, 465, 468, 471, 149 IPC, subject to the following conditions: 1. Petitioner no.2/accused no.3 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner no.2/accused no.3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner no.2/accused no.3 shall not tamper with the prosecution witness and he shall - 6 - NC: 2025:KHC:10320 CRL.P No. 1971 of 2025 co-operate with the police for investigation and appear before them whenever called upon. 4. Petitioner no.2/accused no.3 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK