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2025 DAILYLAW 19760 (KAR)

SUSHIL KUMAR A v. STATE BY CEN CRIME POLICE STATION

CRL.P/3402/2025 · 2025-03-20

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:11803 CRL.P No. 3402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3402 OF 2025 BETWEEN: SUSHIL KUMAR A S/O LATE ASHOK KUMAR AGED ABOUT 42 YEARS R/AT NO.524, GADDIGE ROAD NEAR KARNATAKA BANK BOGADI MYSURU - 570 026. …PETITIONER (BY SRI MANJUNATH M.R, ADV.) AND: STATE BY CEN CRIME POLICE STATION MYSURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, ADV.) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.15/2025 OF CEN CRIME P.S., MYSURU, FOR THE OFFENCES P/U/S 420,465,468,471 R/W 34 OF IPC, PENDING ON THE FILE OF THE 1st ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, MYSORE CITY AND DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATION IN THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11803 CRL.P No. 3402 of 2025 ORAL ORDER Accused No.3 in Crime No.15/2025 registered by CEN Crime Police Station, Mysuru City for the offences punishable under Sections 420, 465, 468, 471 R/w 34 of IPC is before this Court under Section 438 of Cr.P.C, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.15/2025 was registered by CEN Crime Police Station, Mysuru City for the aforesaid offences against Varadaraju & four others based on the first information dated 29.01.2025 received from Sri Ekanth B.M S/o Mahadevappa, who is the manager of ICICI Bank. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.230/2025 before the jurisdictional Sessions Court, which was rejected on 20.02.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the bank had sanctioned loan of - 3 - NC: 2025:KHC:11803 CRL.P No. 3402 of 2025 Rs.1,65,00,000/- to Smt. Geetha and it is alleged that the borrower was irregular in payment of loan instalment. It is further alleged that borrower had brought to the notice of the bank manager that accused persons had cheated her and the documents relating to the property which was pledged at the time of borrowing loan were fraudulent documents. 5. Perusal of the material on record would go to show that the bank had obtained legal opinion from the panel advocate of the bank before sanctioning loan. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. 6. Accordingly, the following: ORDER The Criminal Petition is allowed. - 4 - NC: 2025:KHC:11803 CRL.P No. 3402 of 2025 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.15/2025 registered by CEN Crime Police Station, Mysuru City for the offences punishable under Sections 420, 465, 468, 471 R/w 34 of IPC subject to the following conditions: 1. The Petitioner 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 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he 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 NMS