- 1 - NC: 2025:KHC:14357 CRL.P No. 4137 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. 4137 OF 2025 BETWEEN: HEMANTH KUMAR R S/O LATE RUDRAPPA B AGED ABOUT 39 YEARS R/AT TAHIYA ASHIRVAD NILAYA 3RD CROSS, 2ND B LINK ROAD VISHWESHWARAIAH LAYOUT SHANTHINAGARA TUMAKURU (PETITIONER ADDRESS MENTION FOR AADHAR) …PETITIONER (BY SRI HARISH A.B, ADV.) AND: STATE OF KARNATAKA BY STATE BY UPPARPET POLICE BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE UPPARPET POLICE, BENGALURU, TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.46/2025 REGISTERED ON 19.02.2025 AGAINST THE PETITIONER, FOR THE OFFENCES P/U/S 10,24,26 OF IMMIGRATION ACT, 1983, U/S 406,420 OF IPC, PENDING ON THE FILE OF 4th ACJM, BENGALURU. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14357 CRL.P No. 4137 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 1. Accused No.2 in Crime No.46/2025 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 406 and 420 of BNS, 2023 and Sections 10, 24 and 26 of the Immigration Act, 1983, 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.46/2025 was registered by Upparpet Police Station, Bengaluru City, for the aforesaid offences against Hemegowda and others based on the first information dated 19.02.2025 submitted by Davi Joseph. Apprehending arrest in the case, petitioner, who is arraigned as accused No.2 in the FIR had filed Crl.Misc.No.1722/2025 which was dismissed as against him by the jurisdictional Sessions Court on 15.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:14357 CRL.P No. 4137 of 2025 4. A perusal of the material on record would go to show that allegation of assuring the first informant and others of providing a job at Italy as Nurse is as against accused No.1 Hemegowda. Petitioner is the brother of accused No.1. The allegation against him and other accused persons is that certain amounts were transferred to their account at the instance of accused No.1. Accused no.3 as against whom similar allegations are found in the first information has been granted anticipatory bail by the jurisdictional Sessions Court. Undisputedly, petitioner has no other criminal antecedents and he is said to be a government servant working as Nursing Officer in Victoria Hospital, Bengaluru. He has undertaken to cooperate with the police for the purpose of investigation. 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. Under the circumstances, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. 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.46/2025 - 4 - NC: 2025:KHC:14357 CRL.P No. 4137 of 2025 registered by Upparpet Police Station, Bengaluru City, for the offences punishable under Sections 406 and 420 of BNS, 2023 and Sections 10, 24 and 26 of the Immigration Act, 1983, 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 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