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2025 DAILYLAW 23567 (KAR)

SRI. GAGANDEEP N v. STATE BY DEVARAJA POLICE STATION

CRL.P/5354/2025 · 2025-07-11

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25530 CRL.P No. 5354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5354 OF 2025 BETWEEN: SRI GAGANDEEP N S/O H.N. NAGARAJA AGED ABOUT 29 YEARS R/AT NO. 342, KRISHNAVILAS ROAD, DEVARAJA MOHALLA MYSURU - 570 001. …PETITIONER (BY SRI N. KUMAR, ADV.) AND: STATE BY DEVARAJA POLICE STATION MYSURU - 570 001 REPRESENTED BY ITS SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.13/2025 REGISTERED BY RESPONDENT DEVARAJA POLICE, MYSURU FOR THE OFFENCE P/US/ 316(2),318(4) OF BNS 2023 AND U/S.3,4,5 OF PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT 1978 PENDING ON THE FILE OF THE 4tH ADDL. CIVIL JUDGE (Sr.Dn.) AND JMFC COURT MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25530 CRL.P No. 5354 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.13/2025 registered by Devaraja Police Station, Mysuru, for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023 and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, is before this Court under Section 482 of BNS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.13/2025 was registered by Devaraja Police Station, Mysuru, for the aforesaid offences against Pradeep Singh and the petitioner herein based on the first information dated 11.03.2025 received from Syed Saleem S/o Syed Muneer. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.423/2025 before the jurisdictional Sessions Court, which was rejected on 22.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. - 3 - HC-KAR NC: 2025:KHC:25530 CRL.P No. 5354 of 2025 6. In the first information dated 11.03.2025, first informant, who is the victim in the present case has alleged that he had subscribed to the chits that were conducted by accused Nos.1 and 2. He has stated that accused No.1 was conducting chit for a sum of Rs.50 lakhs and accused No.2 was conducting chit for a sum of Rs.25 lakhs. In respect of the chits conducted by accused No.2, first informant had paid monthly subscriptions from 01.02.2024 to 10.01.2025 which totally amounted to Rs.8,80,750/- and the amount was transferred to the bank account of accused No.2 and also payments were made online through mobile phone no.7411191923. Learned counsel for the petitioner has not disputed receipt of the said payments and on the other hand, he has stated that petitioner and the first informant were known to each other and they had certain monetary transactions. The allegations made in the first information is that regularly subscription amounts were paid by the first informant for a period of 12 months to the accused No.2. Therefore, it becomes difficult to believe the contention of the petitioner's counsel that amount received by accused No.2 in his bank account was towards other financial transaction and - 4 - HC-KAR NC: 2025:KHC:25530 CRL.P No. 5354 of 2025 not towards payment of subscription for the chit fund. In the first information, it is alleged that accused persons have cheated many others similarly and they have been absconding. Though FIR has been registered in the month of March, 2025, accused persons have not cooperated with the police for the purpose of investigation. Learned Sessions Judge while dismissing the bail application after taking note of the report filed by the Investigation Officer has observed that accused Nos.1 and 2 have collected amount to the tune of Rs.20 crores from the public and have cheated them. Considering the nature of allegations found in the first information, I am of the opinion that custodial interrogation of accused becomes necessary. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN