- 1 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4225 OF 2025 BETWEEN: SRI. RAHUL CHAKRAPANI, AGED ABOUT 32 YEARS, S/O SRI.CHAKRAPANI NAMBOORI, R/AT KALIKULAM, THERTHALLI POST, THIMIRI, ALAKODE, KANNUR TOWN AND DISTRICT, KERALA - 670 571. …PETITIONER (BY SRI. BINU M., ADVOCATE) AND: STATE OF KARNATAKA, MADIKERI TOWN P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF THEIR ARREST IN CRIME NO.119/2024, FOR THE OFFENCE P/U/S.316(2), 318(4), 3(5) OF THE BNS, 2023 AND SECTION 21, 22, 23 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT 2019, REGISTERED BY GONIKUPPA P.S., WHICH IS PENDING ON THE FILE OF Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADIKERI, KODAGU DISTRICT. 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.1 in Crime No.119/2024 registered by Madikeri Town Police Station, Kodagu District, for offences punishable under Sections 316(2), 318(4), 3(5) of BNS, 2023 and Sections 21, 22, 23 of the Banning of Unregulated Deposit Schemes Act, 2019, 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.119/2024 was registered by Madikeri Town Police Station, Kodagu District for the aforesaid offences against petitioner and others, based on the first information dated 20.10.2024 received from Prashanthan D s/o Late.Dhamodharan. Apprehending arrest in the said case, petitioner had filed - 3 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 Crl.Misc.No.499/2024 before the Jurisdictional Sessions Court which was rejected on 07.01.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that petitioner is the erstwhile President of the Co-operative Society and he had resigned to his post on 18.12.2023 itself. Allegation in the first information is that the depositors were not repaid with the money after their fixed deposit had matured. He submits that similar complaints are filed against the society in various places and in other criminal cases registered against petitioner, he was arrested and has been enlarged on bail. He also submits that in Crime No.224/2023 registered by CEN Crime Police Station, Mangaluru, petitioner has been granted anticipatory bail by this Court and in Crime No.277/2023 registered by Marathahalli Police Station, Bengaluru, he has been granted regular bail by the Jurisdictional Sessions Court. - 4 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 5. Learned HCGP on the other hand has opposed the petition. She submits that multiple criminal cases are registered against the petitioner in the State of Kerala as well as in Karnataka. She submits that petitioner had cheated the investors and he has not been cooperating with the police for the purpose of investigation. Accordingly, she prays to dismiss this petition. 6. Perusal of the first information would go to show that allegation made by the first informant is that the money deposited by him in the bank was not repaid to him. He has stated that similarly many others were cheated by the bank. Petitioner is arraigned as accused No.1 in the FIR and he is said to be the erstwhile president of the Co-operative Society. 7. According to the learned Counsel for the petitioner, he has resigned to his post in the month of December, 2023 itself. Accused No.2, who was arrested in the present case is said to have been released on regular - 5 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 bail. Allegation made in the first information is that the money which was deposited by the customer was not repaid. The co-ordinate Bench of this Court in Crl.A.No.1344/2024 has granted anticipatory bail to the petitioner in Crime No.224/2023 registered by CEN Crime Police Station, Mangaluru City, wherein similar allegations are found and in the said order, this Court has observed that prosecution has to establish in due course that the accused have fraudulently defaulted the repayment of deposited amount along with benefit and the fraudulent intention on the part of the accused cannot be imputed at this stage. 8. Petitioner who was earlier arrested in the other criminal cases registered against him with similar allegations has been granted regular bail in the said cases. The FIR in the present case was registered in the month of October, 2024. The alleged offences are triable by the Court of Magistrate and maximum punishment for said offences is imprisonment for a period of seven years. - 6 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 Considering the nature of allegations found against the accused persons and also taking into consideration that the petitioner who was arrested in the other cases wherein similar allegations are made has been enlarged on bail, I am of the view that prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively, reserving liberty to the Investigation Officer to file necessary application before the Jurisdictional Court seeking custody of the petitioner for the purpose of interrogation, in the event it is necessary. Accordingly, the following: ORDER The Criminal 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 registered by Madikeri Town Police Station, Kodagu District, for offences punishable under Sections 316(2), 318(4), 3(5) of BNS, 2023 and Sections - 7 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 21, 22, 23 of the Banning of Unregulated Deposit Schemes Act, 2019 is before this Court under 438 of Cr.P.C, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer in the present case on 21.07.2025, between 10.00 a.m, and 11.00 a.m., and on the said date Investigating Officer is at liberty to take petitioner to custody if necessary for the purpose of interrogation. Further, it is made clear that the Investigating Officer shall release the petitioner on the same day on or before 6.00 p.m., subject to the petitioner executing a personal bond for a sum of Rs.2,00,000/- 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. - 8 - HC-KAR NC: 2025:KHC:25223 CRL.P No. 4225 of 2025 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 41