- 1 - NC: 2025:KHC:16682 CRL.P No. 5351 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5351 OF 2025 BETWEEN: SATHISH B S/O MAHABALA SHETTY AGED ABOUT 51 YEARS R/AT. M. CHANDANA NILAYA KALIDASANAGARA CHIKKAMAGALURU CITY CHIKKAMAGALURU - 577 101. …PETITIONER (BY SRI MAHESH KIRAN SHETTY S, ADV.) AND: STATE OF KARNATAKA KARNATAKA BY CHIKKAMAGALURU RURAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT REGULAR BAIL IN CONNECTION WITH CRIME NO.15/2024 FOR THE OFFENCE P/US/ 406,,408,418,420,34 OF IPC 1860 REGISTERED BY CHIKKAMAGALURU RURAL POLICE PENDING ON THE FILE OF THE IST ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16682 CRL.P No. 5351 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.1 in Crime No.15/2024 registered by Chikkamagaluru Rural Police Station, Chikkamagaluru District, for the offences punishable under Sections 406, 408, 418 & 420 R/w 34 of IPC is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime *No.15/2024 was registered by Chickmagalur Rural Police Station, Chikkamagaluru, against Sathish.B. and others for the aforesaid offences on the basis of first information dated 07.01.2024 received from Sri Ahmed Shihabuddien S/o V.K. Bava. Apprehending arrest in the said case, the petitioner had filed anticipatory bail application before the jurisdictional Sessions Court, which was rejected. Therefore, he had approached this Court in Crl.P.No.1746/2024, which was rejected on 15.03.2024 by *Corrected vide Court Order Dt: 28.04.2025 - 3 - NC: 2025:KHC:16682 CRL.P No. 5351 of 2025 the coordinate bench of this Court. Thereafter, the petitioner had surrendered before the jurisdictional Trial Court and had filed necessary application under Section 437 of Cr.P.C, seeking regular bail. Surprisingly, the learned Magistrate has refused to take the petitioner to custody and having dismissed the bail application filed under Section 437 of Cr.P.C, has directed the petitioner to surrender before the Investigation Officer. The petitioner thereafter had approached the jurisdictional Sessions Court in Crl.Misc.No.674/2024, who also has dismissed his bail application filed under Section 483 of BNSS, 2023 vide order dated 10.01.2025. Therefore, the petitioner is before this Court. 4. The anticipatory bail application filed by the petitioner was dismissed by the coordinate bench of this Court with an observation that "custodial interrogation of the petitioner is essential and therefore the petitioner cannot be granted anticipatory bail". It is in this background, the petitioner had surrendered before the - 4 - NC: 2025:KHC:16682 CRL.P No. 5351 of 2025 jurisdictional Court of Magistrate and had submitted an application under Section 437 of Cr.P.C, seeking regular bail. It was for the learned Magistrate to either grant bail to the petitioner or to take him to the custody. 5. In the event the prosecution makes an application seeking police custody of the accused for interrogation, always necessary orders could have been passed by the learned Magistrate and the learned Magistrate having failed to appreciate the said aspect of the matter has erred in rejecting bail application filed by the petitioner under Section 437 of Cr.P.C, with a direction to the petitioner / accused No.1 to surrender before the Investigation Officer. 6. Under the circumstance, the petition is disposed of reserving liberty to the petitioner to appear before the jurisdictional Magistrate and file necessary application seeking regular bail. In the event the petitioner surrender's before the jurisdictional Court of Magistrate and files necessary application seeking regular bail, the - 5 - NC: 2025:KHC:16682 CRL.P No. 5351 of 2025 said application shall be considered on its merits and disposed of on the same day by the learned Magistrate. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS