- 1 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5838 OF 2024 BETWEEN: SRI. NITHYANANDA SHET, S/O LATE GOVINDARAYA SHET, AGED ABOUT 56 YEARS, R/AT RANGANATH SHENOY COMPOUND, P.P.C ROAD, UDUPI, UDUPI DISTRICT - 574 118. …PETITIONER (BY SRI. SUYOG HERELE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BAINDOOR P.S., BAINDOOR CIRLCE, UDUPI DISTRICT, REPRESENTED BY S.P.P., HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. GIRISH SHET, S/O RAMACHANDRA SHET, AGED ABOUT 40 YEARS, 3. SRI. VENKATESH SHET, S/O RAMACHANDRA SHET, AGED ABOUT 45 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 4. SRI. HARISH SHET, S/O RAMACHANDRA SHET, AGED ABOUT 36 YEARS, ALL THE RESPONDENTS NO.2 TO 4 ARE R/AT KASANADI, SRIDEVI KRUPA, UPPUNDA VILLAGE AND POST, BYNDOOR TALUK, UDUPI DISTRICT - 576 214. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1; SRI. K. HEMANTH KUMAR, ADVOCATE FOR R2 TO R4) THIS CRL.P IS FILED U/S 439(2) OF CR.PC PRAYING TO ALLOW THIS CRL.P. AND CANCEL THE BAIL GRANTED IN FAVOUR OF RESPONDENT NO.2, 3 AND 4 BY THE IMPUGNED ORDER DATED 16TH FEBRUARY 2022 PASSED BY THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA) IN CRIMINAL MISCELLANEOUS CASE NO.510/2022, PRODUCED AS DOCUMENT NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner / defacto complainant in Crime No.4/2022 of Byndoor Police Station has preferred this petition to cancel the bail granted to accused Nos.1 to 3 in the said case by the learned Sessions Judge in Crl.Misc.Case.No.510/2022 vide order dated 16.02.2022. - 3 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 2. The above case was registered against accused Nos.1 to 3 for offences punishable under Sections 420, 417, 409, 506, 468, 471 read with Section 34 of IPC. Investigation is completed and charge sheet is filed and the case is set down for framing of charges. 3. It is the case of the complainant that, he is a jeweler having his shop at No.4/64, Uppunda of Byndoor Taluk, in the name and style as 'Maruthi Gold Jewellers', wherein accused No.1 Girish Shet was employed as a Manager. It is alleged that the said accused along with accused Nos.2 and 3, his brothers, have committed huge fraud relating to the gold jewelries in the shop and misappropriated an amount to the tune of Rs.1,20,83,175/-. 4. The learned Sessions Judge granted anticipatory bail to the accused on 16.02.2022. The order is sought to be cancelled on the ground that subsequent to grant of anticipatory bail, there are three more cases - 4 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 registered against the accused in Cr.No.94/2022, Cr.No.132/2022 and Cr.No.210/2023 at Byndoor Police Station. 5. The learned counsel appearing for respondents No.2 to 4 / accused Nos.1 to 3 has filed statement of objections. It is contended by him that Cr.No.132/2022 was registered on a complaint lodged by one Uday alleging that the accused have misappropriated a sum of Rs.45,000/- and the old gold ornaments given to the accused for making new ornaments. The said offence relates to the same period as in Cr.No.4/2022. He contended that the police after investigation have filed 'B' report in the said case. Insofar as Cr.No.210/2023 is concerned, it is submitted that the police have filed 'C' report. The said submission of the learned counsel is not disputed. 6. In Cr.No.94/2022 of Byndoor Police Station, it is alleged by the petitioner / complainant herein that, on - 5 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 14.05.2022 at about 3.15 p.m., when he along with his friends were traveling in XUV-500 vehicle, accused Nos.1 to 3 came in two vehicles and waylaid and abused them in filthy language and threatened them to withdraw the case. 7. The learned counsel for respondents No.2 to 4 has contended that, false allegations are made in the said case that, accused have threatened to withdraw the case etc. He contended that even the accused have lodged a complaint against the petitioner herein which is registered in Cr.No.95/2022 at Byndoor Police Station. 8. A copy of the FIR in Cr.No.95/2022 registered against the petitioner and two others at Byndoor Police Station is produced along with the statement of objections. The said case is registered on a complaint lodged by accused No.1 in this case, for offences punishable under Sections 341, 323, 504, 506 read with Section 34 of IPC in connection with the very same incident which took place on 14.05.2022 at around 3.00 - 6 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 p.m. in respect of which petitioner has got registered Cr.No.94/2022. 9. The learned Sessions Judge has granted anticipatory bail to the accused on 16.02.2022. Subsequent to registration of Cr.No.94/2022 on 15.05.2022, in respect of which a counter case is also registered against the petitioner, there are no allegations that the accused have either tried to intimidate or threaten the complainant or tamper with other prosecution witnesses. Several conditions are imposed by the learned Sessions Judge while granting anticipatory bail. The petitioners / accused are said to have complied the said conditions. There are no compelling grounds made out to cancel the bail already granted to the accused. 10. It is made clear that, if any of the conditions are violated by the accused, it is open for the complainant or the prosecution to seek cancellation of bail. - 7 - NC: 2025:KHC:4177 CRL.P No. 5838 of 2024 11. With the above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 22 CT: BHK