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2025 DAILYLAW 20816 (KAR)

VENKATRAJU B N v. THE STATE OF CHHATTISGARH

CRL.P/3866/2025 · 2025-03-22

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:12101 CRL.P No. 3866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3866 OF 2025 BETWEEN: VENKATRAJU B.N. S/O NARAYANA B.V. AGED ABOUT 51 YEARS R/AT NO.104, 2ND MAIN, 6TH CROSS KENGERISATALITE TOWN BENGALURU SOUTH BENGALURU 560 060. …PETITIONER (BY SRI. LETHIF B, ADV.,) AND: 1. THE STATE OF CHHATTISGARH BY KURUD POLICE STATION DHAMTARI DISTRICT CHHATTISGARH STATE - 493663. 2. THE STATE OF KARNATAKA BY KENGERI POLICE STATION BANGALORE CITY REP. BY SPP, HIGH COURT BUILDING BANGALORE-560001. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNNS) PRAYING TO GRANT TRANSIT ANTICIPATORY BAIL IN THE EVENT OF ARREST FROM 1ST RESPONDENT POLICE IN FIR NO.440/2022 BEING REGISTERED AT KURUD POLICE STATION, DAMATHARI DISTRICT, CHATTISGARH STATE-493663 FOR THE OFFENCE U/S 420, 34 OF IPC. Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:12101 CRL.P No. 3866 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.440/2022 registered by Kurud Police Station, Dhamtari, Chhattisgarh, for the offences punishable under Sections 420 read with Section 34 of IPC, is before this Court under Section 438 Cr.P.C. seeking transit anticipatory bail. 2. Learned counsel for the petitioner submits that petitioner was totally unaware of the criminal case registered against him and he has now received a notice under Section 35(A) of the Bharatiya Nagarik Suraksha Sanhita, 2023, dated 08.03.2025. Petitioner intends to approach the jurisdictional Court seeking anticipatory bail. Since he apprehends arrest in the case, to enable him to approach the jurisdictional Court, he prays that he may be granted the relief sought for in the petition. - 3 - NC: 2025:KHC:12101 CRL.P No. 3866 of 2025 3. Per contra, learned High Court Government Pleader does not seriously oppose the petition. He submits that limited protection may be given to the petitioner. 4. FIR in the present case is registered for the offences punishable under Section 420 read with Section 34 of IPC. The said offence is triable by the Court of Magistrate and maximum punishment for the said offence is imprisonment for a period of seven (07) years. It is not in dispute that the petitioner has no other criminal antecedents. Learned counsel for the petitioner has brought to the notice of this Court that it is only after enquiry notice dated 08.03.2025 was received by the petitioner, he came to know about the pendency of the criminal case. Considering the aforesaid aspects of the matter, so as to enable the petitioner to approach the jurisdictional Court seeking anticipatory bail, since he apprehends arrest in the present case, I am of the opinion that the prayer made by the petitioner in this petition - 4 - NC: 2025:KHC:12101 CRL.P No. 3866 of 2025 needs to be granted for a limited period. Accordingly, the following: ORDER The petition is allowed. The petitioner is granted transit anticipatory bail for a period of three (03) weeks from the date of receipt of certified copy of this order so as to enable him to file necessary application before the jurisdictional Court seeking anticipatory bail in Crime No.440/2022 registered by Kurud Police Station, Dhamtari, Chhattisgarh, for the offences punishable under Sections 420 read with Section 34 of IPC. In the meanwhile, if the petitioner is arrested in the above crime, by the respondent - Police or any other police, he shall be enlarged on anticipatory bail, subject to the following conditions: i. The Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the investigating officer. - 5 - NC: 2025:KHC:12101 CRL.P No. 3866 of 2025 ii. Petitioner shall not tamper with the prosecution witness. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 48