Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13576 CRL.P No. 3775 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. 3775 OF 2025
BETWEEN:
SMT. TRIVENI W/O BHARAT PRADHAN AGED ABOUT 41 YEARS R/AT NO.394, SHIV MANDI ROAD, ADARSH NAGAR, NAYA GOAN, SAS NAGAR (MOHALI), PUNJAB-16103. …PETITIONER (BY SMT. KALPANA P. V., ADVOCATE)
AND:
STATE BY SPP MADIKERI CEN CRIME PS HIGH COURT BUILDING BANGALORE-560001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.50/2024 BY KODAGU CEN CRIME P.S., FOR THE OFFENCES P/U/S 66(C),66(D) OF IT ACT, U/S 318(4),111(2)(b) OF BNS ACT, 2023, PENDING BEFORE PRL. DISTRICT AND SESSION JUDGE, MADIKERI, AT KODAGU.
THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13576 CRL.P No. 3775 of 2025
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.50/2024 registered by Kodagu CEN Crime Police Station, Kodagu District for the offences punishable under Sections 318(4), 112(2)(b) of BNS, 2023 and Section 66(C) & 66(D) of the Information Technology Act, 2008 is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.50/2024 was registered by Kodagu CEN Crime Police Station, Kodagu District against unknown person on the basis of first information dated 20.12.2024 received from Smt. Indira Mandanna W/o Late Kumar Mandanna. During the course of investigation of the case, the petitioner herein was arrested on 28.01.2025 and subsequently remanded to judicial custody.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in
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NC: 2025:KHC:13576 CRL.P No. 3775 of 2025
Crl.Misc.No.58/2025 was dismissed on
07.02.2025. Therefore, she is before this Court.
5.
Learned counsel appearing for the petitioner submits that the petitioner is a married lady having no criminal antecedents. She is not the beneficiary of the fraud and only allegation against her is that she had withdrawn certain amount from the account of Suneetha to whose bank account amount was transferred from the bank account of the first informant. The petitioner has cooperated with the police for the purpose of investigation. Accordingly, she prays to allow the petition.
6. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner.
7. Perusal of the material on record would go to show that, in the first information that was submitted by the first informant it is averred that the accused persons by threatening the first informant that a criminal case for the offences under the provisions of NDPS Act was
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NC: 2025:KHC:13576 CRL.P No. 3775 of 2025
registered against her had induced her to transfer a total amount of Rs.62,09,997/- to various bank accounts. It appears that certain amount was transferred to the account of the lady known as Suneetha from the bank account of the first informant.
8. As per the remand application of the petitioner, she is running a hotel business in Punjab and for the said purpose she has borrowed loan from a person known as Boda and in order to repay loan amount, as per instruction of Boda, at his instance she had withdrawn an amount of Rs.5,00,000/- and Rs.4,10,000/- totally Rs.9,10,000/- from the bank account of Suneetha and it is stated in the remand application that Boda had assured the petitioner that amount which she had borrowed from him would be set off in the event she withdraws the amount from the bank account of Suneetha. It is not in dispute that the petitioner has cooperated with the police for the purpose of investigation. She is a married lady having no criminal antecedents and she is in custody for the last more than
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NC: 2025:KHC:13576 CRL.P No. 3775 of 2025
two months. She has undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
9. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.50/2024 registered by Kodagu CEN Crime Police Station, Kodagu District for the offences punishable under Sections 318(4), 112(2)(b) of BNS, 2023 and Section 66(C) & 66(D) of the Information Technology Act, 2008, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties (out of which one surety shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court;
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NC: 2025:KHC:13576 CRL.P No. 3775 of 2025
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;
Sd/-
(S VISHWAJITH SHETTY) JUDGE
NMS