- 1 - NC: 2025:KHC:13515 CRL.P No. 2890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2890 OF 2025 BETWEEN: ROSHAN @ ROSHAN .S. D/O IBRAHIM AGED ABOUT 36 YEARS, R/AT #36, KHB COLONY, HOOTAGALLI, MYSURU TALUK, MYSURU DISTRICT - 570 018 …PETITIONER (BY SRI. MADHU.E.K., ADVOCATE) AND: STATE BY VIDYARANYPAURAM POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.49/2024 OF VIDYARANYAPURAM POLICE STATION MYSORE FOR OFFENCES P/U/S 423, 422, 406, 409, 417, 419, 420, 468, 471 OF IPC, PENDING ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND CJM AT MYSORE AND DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13515 CRL.P No. 2890 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.49/2024 registered by Vidyaranyapuram Police Station, Mysuru, for offences punishable under Sections 423, 422, 406, 409, 417, 419, 420, 468 and 471 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.49/2024 was registered by Vidyaranyapuram Police Station, Mysuru City, for the aforesaid offences against the petitioner and three others based on the private complaint bearing P.C.R.No.19/2024, which was referred to the police by the Jurisdictional Magistrate under Section 156(3) of Cr.PC. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.2107/2024 before the Jurisdictional Sessions Court which was rejected on 20.01.2025. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:13515 CRL.P No. 2890 of 2025 4. Learned counsel for the petitioner submits that petitioner has no criminal antecedents. Police had earlier refused to register FIR on the ground that the dispute is civil in nature. Only after private complaint was referred to the police, FIR has been registered against the petitioner and others. Petitioner is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, prays to allow the petition. 5. Per contra, learned Additional SPP has opposed the petition. 6. Perusal of the material on record would go to show that de-facto complaint - Ravikeerthi.R had earlier approached the Jurisdictional police, who had refused to register FIR for the reason that dispute involved is civil in nature. Allegation in the private complaint that was filed by Ravikeerthi.R before the Jurisdictional Magistrate is that, petitioner who was acquainted to him had assisted him in approaching the bank for the purpose of securing loan and on the instruction of the petitioner and accused No.2, he had signed the loan documents. However, he had not received the loan amount and - 4 - NC: 2025:KHC:13515 CRL.P No. 2890 of 2025 subsequently he was asked by the bank officials to pay the monthly installments of the loan availed by him. It is only at that juncture, he came to know about the fraud committed by the accused persons. Petitioner has no other criminal antecedents. The alleged crime is based on the documentary evidence and entire documents are in the custody of bank. Petitioner has undertaken to co-operate with the police for the purpose of investigation. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.49/2024 registered by Vidyaranyapuram Police Station, Mysuru City, for offences punishable under Sections 423, 422, 406, 409, 417, 419, 420, 468, 471 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date - 5 - NC: 2025:KHC:13515 CRL.P No. 2890 of 2025 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. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 75