- 1 - HC-KAR NC: 2025:KHC:18966 CRL.P No. 5481 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5481 OF 2025 BETWEEN: SRI. SURESH V, (A-4) S/O VENKATACHALAGOWDA, AGED ABOUT 47 YEARS, R/O NO.106/1, 1st MAIN, HOSAKANNAMBADI, KATTERI, CHINAKURALI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 812. …PETITIONER (BY SRI. NAGARAJA K G., ADVOCATE) AND: STATE BY MANDYA EAST POLICE, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.24/2025 OF MANDYA EAST P.S., PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18966 CRL.P No. 5481 of 2025 AND JMFC, AT MANDYA, FOR THE OFFENCES P/U/S 316(2), 318(4), 336(2), 351(2), 61 R/W 3(5) OF BNS. 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.4 in Crime No.24/2025 registered by Mandya East Police Station, Mandya District, for offences punishable under Sections 316(2), 318(4), 336(2), 336(3), 351(2), 61 and read with Section 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 District, for the aforesaid offences against Venkatesh H and others, based on the first information dated 14.02.2025 received from Smt.Gayithri wife of late Puttaswamy. Apprehending arrest in the said case, Petitioner had filed Crl.Misc.No.168/2025 - 3 - HC-KAR NC: 2025:KHC:18966 CRL.P No. 5481 of 2025 before the Jurisdictional Sessions Court which was rejected on 21.03.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner’s name is not found in the FIR and he has no criminal antecedents. Accused No.5 has been granted anticipatory bail in the present case by the Jurisdictional Sessions Court. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that petitioner’s name is not found in the FIR. During the course of the investigation, accused No.1 was arrested and he allegedly had confessed that along with accused Nos.2 to 4 he had cheated about 40 to 50 others and had collected huge amount from them. Based on the confession statement of accused No.1, petitioner is now arraigned as accused No.4 in the remand application. - 4 - HC-KAR NC: 2025:KHC:18966 CRL.P No. 5481 of 2025 Accused Nos.1 and 2 were granted regular bail by the jurisdictional Sessions Court in Crl.Misc.Nos.267/2025 and 277/2025 disposed of on 21.04.2025. Accused No.5 as against whom similar allegation is found which is based on confession statement of accused No.1 has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.322/2025 disposed of on 08.05.2025. 7. Undisputedly, petitioner has no other criminal antecedents. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of seven years. Considering the said aspect of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:18966 CRL.P No. 5481 of 2025 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 Mandya East Police Station, Mandya District, for offences punishable under Sections 316(2), 318(4), 336(2), 336(3), 351(2), 61 and read with Section 3(5) of BNS, 2023, 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; 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; - 6 - HC-KAR NC: 2025:KHC:18966 CRL.P No. 5481 of 2025 4. The Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE rv List No.: 1 Sl No.: 49