Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14787 CRL.P No. 4191 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4191 OF 2025 BETWEEN:
MR. NIMISH D.R S/O LATE DHANYAKUMAR AGED ABOUT 33 YEARS R/AT 35/A, 2ND MAIN 12TH CROSS VIDYARANYAPURAM MYSORE KARNATAKA - 570 008. …PETITIONER (BY SRI ANAND MUTTALLI, ADV.) AND:
STATE OF KARNATAKA BY CEN CRIME POLICE STATION MYSURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE INSTANT PETITION AND PASS AN ORDER TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST BY THE RESPONDENT NO.1 POLICE, IN CR.NO.15/2025 BY CEN POLICE MYSORE CITY IN RESPECT OF COMPLAINT FILED BY THE RESPONDENT NO.2 FOR THE
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14787 CRL.P No. 4191 of 2025
OFFENCE P/U/S 420, 465, 468, 471 R/W SEC. 34 OF IPC, 1860 AND ANY OTHER PROVISIONS.
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. Accused No.4 in Crime No.15/2025 registered by CEN Crime Police Station, Mysuru City, for the offences punishable under Sections 420, 465, 468, 471 R/w 34 of IPC, is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.15/2025 was registered by CEN Crime Police Station, Mysuru City, for the aforesaid offences against Varadaraju & four others based on the first information dated 29.01.2025 received from Sri Ekanth B.M S/o Mahadevappa, who is the manager of ICICI Bank. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.211/2025 before the jurisdictional Sessions Court, which was rejected on
20.02.2025. Therefore, he is before this Court.
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NC: 2025:KHC:14787 CRL.P No. 4191 of 2025
4.
Learned counsel for the petitioner submits that accused No.3 as against whom similar allegations are found in the FIR has been granted anticipatory bail by this Court in Crl.P.No.3402/2025. Petitioner has no other criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that the bank had sanctioned loan of Rs.1,65,00,000/- to Smt. Geetha and it is alleged that the borrower was irregular in payment of loan installments. It is further alleged that borrower had brought to the notice of the bank manager that accused persons had cheated her and the documents relating to the property which was pledged at the time of borrowing loan were fraudulent documents. Perusal of the material on record would go to show that the bank had obtained legal opinion from the panel advocate of the bank before sanctioning loan. Considering the aforesaid aspects of the matter, accused No.3 has been granted anticipatory bail by this Court in
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NC: 2025:KHC:14787 CRL.P No. 4191 of 2025
Crl.P.No.3402/2025. Under the circumstances, 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:-
7. 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.15/2025 registered by CEN Crime Police Station, Mysuru City for the offences punishable under Sections 420, 465, 468, 471 R/w 34 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 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
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NC: 2025:KHC:14787 CRL.P No. 4191 of 2025
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