- 1 - HC-KAR NC: 2025:KHC:21447 CRL.P No. 5267 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5267 OF 2025 BETWEEN: MR. N SHANKAR, S/O ARMUGAM, AGED ABOUT 51 YEARS, PROPRIETOR OF M/S. ANS EQUIPMENT, O/AT NO. 412, UNION SALAI, SALAMANGALAM, PODAPAI, KANCHIPURAM DISTRICT, CHENNAI - 601 301. …PETITIONER (BY SRI. ABHAY R S., ADVOCATE) AND: STATE OF KARNATAKA BY RAJAJINAGAR PS, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT.RASHMI PATEL., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT AN ANTICIPATORY BAIL IN CRIME NO. 73/2024 OF THE RAJAJINAGAR POLICE STATION FOR THE OFFENCES UNDER SECTION 406, 420, 500 AND 506 AND PENDING AS CC NO.2674/2024 ON THE FILE OF THE 3RD ACMM BENGALURU AND FURTHER DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF THEIR ARREST. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21447 CRL.P No. 5267 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 Accused No.2 in Crime No.73/2024 registered by Rajajinagar Police Station, Bengaluru City, for offences punishable under Sections 406, 420, 500 and 506 of IPC is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.73/2024 was registered by Rajajinagar Police Station, Bengaluru City, for the aforesaid offences against one Abdul Hakeem and petitioner herein, based on the private complaint which was submitted by the defacto-Complainant - Chandrashekar.R., before the Jurisdictional Court of Magistrate. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.1309/2025 before the - 3 - HC-KAR NC: 2025:KHC:21447 CRL.P No. 5267 of 2025 Jurisdictional Sessions Court which was rejected on 01.03.2025. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that accused No.1 has been granted anticipatory bail by this Court in Crl.P.No.12199/2024. There are no serious allegations against the petitioner, who has no criminal antecedents. After completing investigation, charge sheet is already filed. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned Counsel for the petitioner. 6. Perusal of the material available on record would go to show that allegation against the accused in the present case by the defacto-Complainant is that after collecting a huge amount from the defacto-Complainant the accused persons had failed to supply / deliver the machinery to the defacto-Complainant as promised. This Court has granted anticipatory bail to accused No.1 in - 4 - HC-KAR NC: 2025:KHC:21447 CRL.P No. 5267 of 2025 Crl.P.No.12199/2024 disposed of on 25.11.2024 and in para No.7 of the said order, it is observed as follows: 7. The material on record would go to show that, the petitioner had issued certain cheques towards repayment of the said amount. Since the cheques issued by the petitioner were dishonoured, legal notice was issued on behalf of the defacto complainant seeking refund of money in the year 2020 itself. Proceedings have been initiated by the defacto complainant in C.C.No.3193/2022 before the jurisdictional Court against the petitioner herein for the offence punishable under Section 138 of N.I. Act. The alleged offences in the present case are triable by the Court of Magistrate and maximum punishment for the alleged offences is imprisonment for a period of seven years. 7. Undisputedly petitioner has no criminal antecedents. 8. Learned HCGP has fairly submitted that accused No.1 had cooperated for the purpose of investigation and charge sheet is already filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner - 5 - HC-KAR NC: 2025:KHC:21447 CRL.P No. 5267 of 2025 for grant of anticipatory bail needs to be answered affirmatively. 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 Rajajinagar Police Station, Bengaluru City, for offences punishable under Sections 406, 420, 500 and 506 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/- (Rupees One Lakh only) 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. - 6 - HC-KAR NC: 2025:KHC:21447 CRL.P No. 5267 of 2025 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 KVR List No.: 1 Sl No.: 40