- 1 - NC: 2025:KHC:13120 CRL.P No. 4010 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4010 OF 2025 BETWEEN: SMT. REKHA M.A W/O MANJUNATHACHARI AGED ABOUT 38 YEARS R/AT NO. 8/1, AYYAPPA NAGAR 1ST BLOCK, 3RD MAIN K.R.PURAM, BENGALURU - 560 036 NATIVE ADDRESS AGALAHATTI VILLAGE, HANEBALE HOBLI SAKALESHPURA TALUK HASSAN DISTRICT - 573 165. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY CCB (EOW) POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL IN CRIME NO.1/2025 CCB (EOW) POLICE STATION, BENGALURU FOR THE OFFENCE P/US/ 406,420,465,468,471,504,506 R/W SEC.34 OF IPC, PENDING ON THE FILE OF 1st ADDL. CJM COURT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13120 CRL.P No. 4010 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Crime No.1/2025 registered by CCB, Bengaluru City, for the offences punishable under Sections 506, 34, 504, 406, 420, 465, 468, 471 IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.1/2025 was registered by CCB, Bengaluru City, for the aforesaid offences against the petitioner and others based on the first information dated 13.01.2025 received from Nisar Ahamad S/o Khasim Shab. During the course of investigation, petitioner was arrested on 16.01.2025 and subsequently remanded to judicial custody. Her bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.1862/2025 was rejected on 15.03.2025. Therefore, she is before this Court. 4. Learned Counsel for the petitioner submits that petitioner is a married lady aged about 38 years. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Investigation in the case is completed - 3 - NC: 2025:KHC:13120 CRL.P No. 4010 of 2025 and charge sheet has been filed. From a reading of the first information, it is very clear that amount was paid by the first informant as an investment in real estate. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner is a person with criminal antecedents. Accordingly, she prays to dismiss the petition. 6. Perusal of the averments made in the typed first information dated 13.01.2025 would go to show that for a period of more than one year six months, the first informant and her husband allegedly had paid a total sum of Rs.5,75,00,000/- to the petitioner and other accused persons. In the first information itself, it is stated that the amount was paid by the first informant since the petitioner and her husband had assured to give returns from their real estate business and when a demand was made for repayment of the amount, they had not paid the returns nor the amount deposited. 7. Petitioner who is a lady aged about 38 years, is in custody from 16.01.2025. Investigation of the case is completed and charge sheet has been filed. The maximum - 4 - NC: 2025:KHC:13120 CRL.P No. 4010 of 2025 punishment for the alleged offences is imprisonment for a period of seven years and the alleged offences are triable by the Court of Magistrate. Considering the aforesaid aspects of the matter and having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.1/2025 registered by CCB, Bengaluru City, for the offences punishable under Sections 506, 34, 504, 406, 420, 465, 468, 471 IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 5 - NC: 2025:KHC:13120 CRL.P No. 4010 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK