- 1 - NC: 2025:KHC:13555 CRL.P No. 4474 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4474 OF 2025 BETWEEN: STATE OF KARNATAKA BY SHO HEBBAGODI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01. …PETITIONER (BY SRI. K. NAGESHWARAPPA, HCGP.) AND: 1. SRI. G KRISHNEGOWDA S/O LATE SRI GIRIYAPPA AGED ABOUT 53 YEARS, RESIDING AT NO.548, 15TH MAIN, 2ND C CROSS, 3RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079. 2. SMT. KAVITHA K. GOWDA W/O SRI G. KRISHNEGOWDA AGED ABOUT 52 YEARS, RESIDING AT NO.548, 15TH MAIN, 2ND C CROSS, 3RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079. 3. SRI DHEERAJ K, S/O G KRISHNEGOWDA AGED ABOUT 30 YEARS, RESIDING AT NO.548, Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13555 CRL.P No. 4474 of 2025 15TH MAIN, 2ND C CROSS, 3RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079. …RESPONDENTS THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE BAIL AND ORDER DATED 23.03.2020 PASSED BY THIS HON'BLE COURT AND CANCEL THE BAIL GRANTED IN CRL.P.NO.1562/2020, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 439(2) of Cr.PC is filed by the State with a prayer to cancel the bail granted to the respondents herein by this Court in Crl.P.No.1562/2020 disposed of on 23.03.2020. 2. Heard the learned HCGP for the petitioner-State. 3. FIR in Crime No.28/2020 was registered by Hebbagodi Police Station, Bengaluru City, for the offence punishable under Section 420 of IPC against the respondents herein and another based on the first information submitted by Deepika.R. on 21.01.2020. Accused nos.1 to 3 who are respondent nos.1 to 3 in the present petition, had approached the jurisdictional - 3 - NC: 2025:KHC:13555 CRL.P No. 4474 of 2025 Sessions Court seeking anticipatory bail which was rejected. Therefore, they had approached this Court in Crl.P.No.1562/2020 which was allowed by this Court by order dated 23.03.2020. 4. Perusal of the material on record would go to show that the first informant had alleged that over a period of time, she had paid cash of Rs.5,75,45,000/- and 2 Kgs. 350 Gms. of gold to the accused persons, but the accused persons had failed to return the same. This Court while granting anticipatory bail to the respondents herein in Crl.P.No.1562/2020 has observed that the transaction between the parties on the face of it appears to be monetary transaction which is essentially civil in nature. This Court has also taken note of the fact that there was absolutely no documentary proof to show the advancement of aforesaid huge amount to the accused persons by the first informant. It is under these circumstances, this Court had admitted accused nos.1 to 3 to bail subject to certain conditions. 5. It is not in dispute that the respondents herein who were granted anticipatory bail have thereafter complied with the bail - 4 - NC: 2025:KHC:13555 CRL.P No. 4474 of 2025 conditions and they have also cooperated with the Investigation Officer. Learned HCGP fairly submits that after completion of investigation, charge sheet has been filed in the present case. Under the circumstances, I do not see any good ground to entertain this petition which is filed in the year 2025 seeking cancellation of bail granted to the respondents herein in the year 2020. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK