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2025 DAILYLAW 26839 (KAR)

MRS. MAGLIN JERRY v. THE STATE OF KARNATAKA

CRL.P/7220/2025 · 2025-06-30

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22969 CRL.P No. 7220 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7220 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MRS. MAGLIN JERRY W/O. MR. JERRY LOUIS AGED ABOUT 53 YEARS R/AT NO 176/1, ZION COTTAGE 3RD MAIN, NEAR FMC HOSYALA NAGAR RAMAMURTHY NAGAR BENGALURU 560016. …PETITIONER (BY SRI. MATHEW P M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION BENGALURU 560001 REPRESENTED BY HCGP BENGALURU. …RESPONDENT (BY SMT. WAHEEDA M.M. H.C.G.P.) THIS CRL.P. IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION BY GRANTING AN ORDER OF ANTICIPATORY BAIL IN FIR IN CR.NO.34/2025 U/S.406 AND 420 OF IPC PENDING BEFORE THE HONBLE IV Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22969 CRL.P No. 7220 of 2025 ADDITIONAL CMM, BENGALURU REGISTERED BY THE RESPONDENT POLICE STATION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.34/2025 registered by Commercial Street Police Station, Bengaluru, for the offences punishable under Sections 406 and 420 of IPC is before this Court under Section 483 of the BNSS, 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No. 34/2025 was registered by Commercial Street Police Station, Bengaluru, for the aforesaid offences, against the petitioner and others based on the first information dated 24.02.2025 received from Sri.C.S.Chandrakanth S/o. Late C.G.Shrinivasan Rao. Apprehending arrest in the said case, petitioner had filed Crl.Misc. No.2936/2025 - 3 - HC-KAR NC: 2025:KHC:22969 CRL.P No. 7220 of 2025 before the jurisdictional Sessions Court, which was rejected on 16.04.2025. Therefore, petitioner is before this Court. 4. Perusal of the first information submitted on 24.02.2025 would reflect that first informant Sri.C.S.Chandrakanth was acquainted to the petitioner and he had approached the petitioner seeking her assistance for the purpose of obtaining a loan to develop his property. Petitioner allegedly introduced one Sri.Rajagopal Thilak to the first informant and first informant allegedly had paid a sum of Rs.5,00,000/- to the aforesaid Sri.Rajagopal Thilak, who had assured the first informant that he will assist him to avail bank loan of Rs.10 crore at a lesser rate of interest. 5. It is further alleged in the first information that the aforesaid Sri.Rajagopal Thilak had not helped the first informant to avail any financial assistance nor - 4 - HC-KAR NC: 2025:KHC:22969 CRL.P No. 7220 of 2025 had he returned the aforesaid amount of Rs.5,00,000/- to the first informant. It is under these circumstances the first informant had approached the Police on 24.02.2025. Except the allegation that petitioner had introduced the aforesaid Sri.Rajagopal Thilak to the first informant, there is no other allegation as against the petitioner in the first information. 6. Petitioner is a married lady aged about 53 years and she has undertaken to co-operate with the police for the purpose of investigation. Therefore, I am of the opinion that petitioner’s prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following – ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to - 5 - HC-KAR NC: 2025:KHC:22969 CRL.P No. 7220 of 2025 release the petitioner in the event of her arrest in Crime No.34/2025 registered by Commercial Street police station, Bengaluru City for the offences punishable under Sections 406 and 420 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/- 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 she shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:22969 CRL.P No. 7220 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE HNM List No.: 1 Sl No.: 71