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NC: 2025:KHC:14125 CRL.P No. 3879 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3879 OF 2025 BETWEEN:
MR. ARUVOLI K S/O KANAGASABAI 39 YEARS, R/A 338 MELAKADU, THIRUVARUR TAMIL NADU - 614 016. …PETITIONER (BY SRI SUDHIR B, ADV.) AND:
STATE OF KARNATRAKA THROUGH MANGALORE SOUTH POLICE, REP BY SPP HIGH COURT, BANGALORE - 01. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP)
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.157/2024 REGISTERED BY MANGALORE SOUTH P.S.,, FOR THE OFFENCE P/U/S 318(4),308(2) OF BNS, U/S 66(D) OF THE I.T ACT, 2008, PENDING ON THE FILE OF HONBLE II JMFC, MANGALORE.
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 MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14125 CRL.P No. 3879 of 2025
ORAL ORDER
Accused in Crime No.157/2024 registered by Mangalore South Police Station, Mangalore City for the offences punishable under Sections 318(4) & 308(2) of BNS, 2023 & Section 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. It is the case of the prosecution that on 06.08.2024, the first informant had approached Mangalore City Police Station and had submitted a first information alleging that on 06.08.2024 he got a phone call from mobile bearing number 9629577458 and caller informed him that one parcel had come in his name from 'FEDEX Courier', which contained a drugs and he informed that he was from CBI and asked the first informant to transfer an amount of Rs.5,80,000/- to a certain bank account and accordingly the said amount was transferred by the first
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NC: 2025:KHC:14125 CRL.P No. 3879 of 2025
informant. It is in this background, he had approached the police. During the course of investigation, the petitioner herein was arrested on 08.11.2024 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.118/2025 was rejected on
19.02.2025. Therefore, he is before this Court.
4. The alleged offences are triable by the Court of Magistrate. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Undisputedly, the petitioner has no other criminal antecedents. Learned counsel for the petitioner submits that the petitioner is working as a school teacher. Be that as it may, fact remains that investigation of the case is complete and charge sheet has been filed in the present case. Therefore, the petitioner's custody is no more required. 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.
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NC: 2025:KHC:14125 CRL.P No. 3879 of 2025
5. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.157/2024 registered by Mangalore South Police Station, Mangalore City for the offences punishable under Sections 318(4) & 308(2) of BNS, 2023 & Section 66(D) of the Information Technology Act, 2008, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; 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;
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NC: 2025:KHC:14125 CRL.P No. 3879 of 2025
d) The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS