- 1 - HC-KAR NC: 2025:KHC:20476 CRL.P No. 7206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7206 OF 2025 BETWEEN: SRI MOHAN KUMAR C.B S/O BORANNA AGED ABOUT 39 YEARS BUSINESS, RESIDING AT HIREMAGALURU VILLAGE CHIKKAMAGALURU TALUK - 577 101. …PETITIONER (BY SRI K.S. GANESHA, ADV.) AND: STATE OF KARNATAKA BY CHIKKAMAGALURU TOWN POLICE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION BY DIRECTING THE PRL. CIVIL JUDGE (SR.DN) AND CJM, CHIKKAMAGALURU TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL ON THIS SURRENDER IN CC.NO.610/2018, FOR THE OFFENCES P/U/S 406,420 OF IPC, U/S 21 AND 22 OF BANNING OF UNREGULATED DEPOSIT SCHEMES ORDINANCE, 2019 BY THE TOWN POLICE, CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20476 CRL.P No. 7206 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.103/2019 registered by Chikkamagaluru Town Police Station, Chikkamagaluru District for the offences punishable under Sections 406 & 420 of BNS, 2023 and Sections 21 and 22 of Banning of Unregulated Deposit Schemes Ordinance, 2019 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. Learned HCGP has pointed out to this Court that the petitioner, who was arrested in the present case in the year 2019 was subsequently enlarged on bail by the jurisdictional Sessions Court in Crl.Misc.No.709/2019. Thereafter, he had not appeared before the Trial Court and coercive step was taken against him to secure his - 3 - HC-KAR NC: 2025:KHC:20476 CRL.P No. 7206 of 2025 presence. Under this circumstance, his prayer for anticipatory bail cannot be granted. 4. Learned counsel for the petitioner after arguing the matter for some time submits that, the petitioner may be permitted to withdraw the petition with a liberty to the petitioner to surrender before the jurisdictional Court and file necessary application to recall the NBW and proclamation orders issued against him. He submits that considering the fact that the petitioner was earlier enlarged on bail on merits of the case by the jurisdictional Court, the concerned Court may be directed to consider the application of the petitioner on the same day. 5. The submission is placed on record. 6. The petition is dismissed as not pressed with liberty as prayed for. In the event, the petitioner surrender before the jurisdictional Court and files necessary application seeking to recall the NBW and proclamation order issued against him, the said applications shall be considered and disposed of on merits as expeditiously as - 4 - HC-KAR NC: 2025:KHC:20476 CRL.P No. 7206 of 2025 possible but not later than a period of three days from the date of filing of the application. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS