SRI CHETHAN @ CHIKKABOCHEGOWDA v. STATE OF KARNATAKA
CRL.P/4574/2025 · 2025-04-07
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22416 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22416 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14836 CRL.P No. 4574 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. 4574 OF 2025 BETWEEN:
SRI CHETHAN @ CHIKKABOCHEGOWDA S/O LATE SIDDALINGAIAH P.N AGED ABOUT 58 YEARS R/AT PANAKANAHALLI VILLAGE MANDYA TALUK AND DISTRICT PIN - 571401. …PETITIONER (BY SRI PRATHAP KUMAR M.S, ADV., FOR SMT. GOWRAMMA G.N, ADV.) AND:
STATE OF KARNATAKA BY MANDYA EAST POLICE STATION MANDYA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL, FOR THE OFFENCES P/U/S 316(2),318(4),336(2),336(3),351(2),61 R/W 3(5) OF BNS ACT, WHICH IS REGISTERED IN CR.NO.24/2025 BEFORE THE RESPONDENT MANDYA EAST POLICE, PENDING ON THE FILE OF HONBLE II ADDL. CIVIL JUDGE AND JMFC COURT, MANDYA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI MS Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14836 CRL.P No. 4574 of 2025
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused no.3 in Crime No.24/2025 registered by Mandya East Police Station, Mandya, for the offences punishable under Sections 316(2), 318(4), 336(2), 336(3), 351(2), 61, 3(5) of BNS, 2023, 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.24/2025 was registered by Mandya East Police Station, Mandya, for the aforesaid offences against Venkatesh and others based on the first information dated 14.02.2025 received from Gayathri W/o late Puttaswamy. Apprehending arrest in the said case, petitioner herein who is arrayed as accused no.3 in the FIR, had filed Crl. Misc. No.124/2025 before the jurisdictional Sessions Court which was rejected on 17.03.2025. Therefore, he is before this Court.
4.
Learned Counsel for the petitioner submits that the allegation of receiving money from the first informant and others is only as against accused nos.1 & 2. There is no
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NC: 2025:KHC:14836 CRL.P No. 4574 of 2025
allegation against the petitioner about he receiving money from the first informant or others, and the only allegation against the petitioner is that he had accompanied accused nos.1 & 2 to the house of the first informant. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the averments found in the first information would go to show that accused no.2 - Shivarudra had approached the first informant with an assurance of securing a Government job in Excise Department to her son who is a driver. At the instance of the petitioner, first informant had introduced Rakesh and Rajesh who are her close relatives and accused no.2 - Shivarudra allegedly had assured to secure a Government job even to Rakesh and Rajesh and for the said purpose, he had totally demanded a sum of Rs.18 lakhs and had in all collected Rs.14 lakhs in cash from them. 7. Petitioner is said to be the brother-in-law of accused no.2 - Shivarudra and he had accompanied accused nos.1 & 2 to the house of the first informant and also had showed certain photographs in his mobile phone stating that the work was
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NC: 2025:KHC:14836 CRL.P No. 4574 of 2025
under progress. It is also stated that petitioner had accompanied accused nos.1 & 2 subsequently to the house of the first informant and had collected a total sum of Rs.7,50,000/- in cash. The accused persons who had collected money from the first informant and others assuring them of securing Government jobs, thereafter appears to have handed over them appointment orders which were allegedly signed by the Under Secretary of the Government. Subsequently, it was found that the appointment orders were fake. Accused no.1 who was arrested in the present case has been remanded to judicial custody and till date, he has not been enlarged on bail. Accused no.2, who is the brother-in-law of the petitioner is absconding. 8.
Considering the nature of allegations found in the first information, I am of the opinion that custodial interrogation of the petitioner is required, more so for the reason that accused persons who had received money from the first informant and others also have created certain fraudulent appointment orders in the name of the Under Secretary to the State Government. Under the circumstances, I am of the opinion that the prayer
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NC: 2025:KHC:14836 CRL.P No. 4574 of 2025
made by the petitioner for grant of anticipatory bail cannot be entertained. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE
KK