- 1 - NC: 2025:KHC:12704 CRL.P No. 3566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3566 OF 2025 BETWEEN: MR. ANIL KUMAR D S/O LATE DHARANEENDRA AGED ABOUT 44 YEARS R/AT NO.64, 12TH A MAIN 6TH BLOCK, RAJAJINAGAR BANGALORE - 560 010 PROPRIETOR MANGALAGIRI TRADERS. …PETITIONER (BY SRI VIKRAM SIMHA, ADV.) AND: THE STATE OF KARNATAKA CENTRAL CRIME BRANCH ORGANIZED CRIME WING (EAST) VIDHANA SOUDHA POLICE STATION BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION AND BE PLEASED TO DIRECT/ORDER THE RELEASE/ ENLARGE THIS PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE, REGISTERED FOR OFFENCE P/US/ 120-B,403,409,420,465,471,468 OF IPC IN THE BEARING CRIME NO.114/2024 DATED 05.04.2022 BEFORE VIDHANA SOUDHA POLICE STATION PRESENTLY BEING INVESTIGATED BY THE CENTRAL CRIME BRANCH ORGANIZED Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12704 CRL.P No. 3566 of 2025 CRIME WING (EAST), BENGALURU (ANNEXURE A) PENDING ON THE FILE OF THE HONBLE III ADDL. CJM BENGALURU. 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. Petitioner, who apprehends arrest in Crime No.114/2024 registered by Vidhana Soudha Police Station, Bengaluru City, for the offences punishable under Sections 120B, 403, 409, 420, 465, 471 and 468 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.114/2024 was registered by Vidhana Soudha Police Station, Benglauru, for the aforesaid offences against Santhosh Kumar and others based on the first information dated 11.12.2024 submitted by Kiran M, Administrative Officer of DCRE Office, Palace Road, Bengaluru. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.1585/2025 before the jurisdictional Sessions Court which was rejected on 01.03.2025. Therefore, petitioner is before this Court. - 3 - NC: 2025:KHC:12704 CRL.P No. 3566 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a vendor and after receipt of enquiry notice in the present case, he has already appeared before the Investigation Officer number of times and submitted certain documents. Being not satisfied with the said documents, petitioner is asked to submit certain other documents which relate to the year 2016-17. Petitioner is ready and willing to cooperate with the police and since he is not in a position to immediately lay his hands on the documents relating to the year 2016-17, he apprehends arrest in the case. 5. Per contra, learned Addl. SPP submits that though petitioner has appeared before the Investigation Officer in the present case, necessary documents have not been furnished by him and he has been unnecessarily taking time to produce the relevant documents. She submits that bail application filed by accused No.1 before this Court in Crl.P.No.14198/2024 has been dismissed. Accordingly, he prays to dismiss the petition. 6. A perusal of the first information in the present case would go to show that during the course of audit in the Central Office of DCRE, it was found that based on fraudulent bills, - 4 - NC: 2025:KHC:12704 CRL.P No. 3566 of 2025 totally a sum of Rs.65 lakhs was misappropriated and it is under these circumstances, FIR was initially registered against accused No.1, who was working as First Division Assistant in the Central Office of DCRE at the relevant point of time. Petitioner allegedly is one of the vendor, who had supplied materials based on the orders placed by the Department. During the course of investigation, it appears that petitioner was issued with enquiry notice by the Investigation Officer and the material on record would go to show that petitioner has appeared before the Investigation Officer on multiple times and has produced certain documents. Being not satisfied with the documents produced by the petitioner, a further enquiry notice has been issued on 21.02.2025 asking the petitioner to produce additional documents as stated in the said notice. Learned counsel for the petitioner submits that petitioner is ready and willing to cooperate with the police for the purpose of investigation and all necessary documents which are in his possession will be produced before the police. Be that as it may, the fact remains that petitioner has appeared before the Investigation Officer pursuant to the enquiry notice and has cooperated with the police for the purpose of investigation. - 5 - NC: 2025:KHC:12704 CRL.P No. 3566 of 2025 7. The Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharastra and Ors - 2011 (1) SCC 694, has observed that if the material reflects that the accused person has cooperated with the police for the purpose of investigation, in normal circumstances, the plea made by such an accused for anticipatory bail needs to be entertained. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 8. 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.114/2024 registered by Vidhana Soudha Police Station, Bengaluru City, for the offences punishable under Sections 120B, 403, 409, 420, 465, 471 and 468 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 - 6 - NC: 2025:KHC:12704 CRL.P No. 3566 of 2025 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 DN