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2025 DAILYLAW 27345 (KAR)

SRI AJIT KUMAR v. THE STATE OF KARNATAKA

CRL.P/7551/2025 · 2025-06-12

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20450 CRL.P No. 7551 of 2025 C/W CRL.P No. 5858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7551 OF 2025 C/W CRIMINAL PETITION NO. 5858 OF 2025 IN CRL.P No. 7551/2025: BETWEEN: SRI AJIT KUMAR S/O MAHADEV BHAJANTRI AGED ABOUT 48 YEARS R/OF KALLOLLI, GOKAK TALUK BELAGAVI DISTRICT. …PETITIONER (BY SRI MANOJ S.N, ADV.) AND: THE STATE OF KARNATAKA THROUGH YELAHANKA POLICE BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT TO PETITIONER ACCUSED NO.4 ON ANTICIPATORY BAIL IN THE EVENT OF APPREHEND OF ARREST BY PETITIONER AND MAY KINDLY BE ORDERED TO BE RELEASED ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN YELAHANKA P.S. BENGALURU IN CR.NO.97/2025 FOR THE OFFENCE P/U/S 318(4),336(3),340(2) R/W 3(5) OF BNSS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20450 CRL.P No. 7551 of 2025 C/W CRL.P No. 5858 of 2025 IN CRL.P NO. 5858/2025: BETWEEN: AKRASH REVAYYA KADADEVARAMATH S/O REVAYYA AGED ABOUT 28 YEARS R/AT NO. 136, KADASHIDESHWARA GALI, KONNUR RURAL, KONNUR POST GOKAK, BELGAUM - 590 001. ...PETITIONER (BY SRI PRAKASH PATIL, ADV.) AND: STATE OF KARNATAKA BY YELAHANKA POLICE STATION REPRESENTED BY THE S.P.P OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY S WAHEEDA M.M, HCGP) THIS CRL.P FILED IS U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL THEREBY DIRECTING THE RESPONDENT YALANKA POLICE TO RELEASE THE PETITIONER / ACCUSED NO.3 IN CR.NO.97/2025 FOR THE OFFENCE P/U/S 318(4), 336(3), 340(2), 3(5) OF BNS 2023, PENDING BEFORE THE COURT OF 7TH ACJM BENGALURU IN THE EVENT OF PETITIONER BEING ARRESTED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.3 & 4 in Crime No.97/2025 registered by Yelahanka Police Station, Bengaluru City, for the offences - 3 - HC-KAR NC: 2025:KHC:20450 CRL.P No. 7551 of 2025 C/W CRL.P No. 5858 of 2025 punishable under Sections 318(4), 336(3), 340(2), 3(5) of BNS, 2023, are before this Court in these two petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.97/2025 was registered by Yelahanka Police Station, Bengaluru City, for the aforesaid offences against Varun and others based on the first information dated 19.03.2025 received from Sunil Chinnan S/o Sukumara.N. Apprehending arrest in the case, petitioners herein had filed Crl. Misc. No.2709/2025 & Crl. Misc. No.3366/2025, which were rejected. Therefore, they are before this Court. 4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that petitioners do not have any criminal antecedents. Accused no.3 is the brother of accused no.1 and there is no serious allegation against him. The name of accused no.4 is not found in the FIR. Petitioners are ready and willing to cooperate with the police for the purpose of investigation. Accused nos.1 & 2 have been granted regular bail by the Sessions Court. Accordingly, they pray to allow the petitions. - 4 - HC-KAR NC: 2025:KHC:20450 CRL.P No. 7551 of 2025 C/W CRL.P No. 5858 of 2025 5. Per contra, learned HCGP has opposed the petition. He submits that accused no.1 is the beneficiary of the fraudulent appointment order and accused no.3 is the person who had submitted the fake appointment order before the bank. Accused no.4 is the person who has provided a fake appointment order to the other accused persons. Therefore, custodial interrogation of the petitioners is required. Accordingly, he prays to dismiss the petitions. 6. In the first information which is submitted by the Branch Manager of State Bank of India, Yelahanka Branch, Bengaluru, it is stated that at about 10.40 a.m. on 19.03.2025, accused no.1 was inquiring in the branch office of the bank about his appointment to the clerical cadre. Accused no.3 who is the brother of accused no.1 had earlier visited the branch office of the bank on 17.03.2025 and submitted the appointment order of accused no.1. On verification, it was subsequently found that the appointment order submitted to the bank by accused no.3 on behalf of his brother - accused no.1 was a fake document and it is in this background, the Branch Manager of the Bank had approached the police. - 5 - HC-KAR NC: 2025:KHC:20450 CRL.P No. 7551 of 2025 C/W CRL.P No. 5858 of 2025 7. During the course of investigation, accused nos.1 & 2 were arrested and it had come to light that accused no.4 was the person who had provided accused nos.1 & 3 with the fake appointment order. It appears that accused no.3 is the person who had contacted accused no.4 who had provided him with the fake appointment order of accused no.1. The source from which the fake appointment order has originated is required to be found out. Issuance of similar fake orders in favour of others and involvement of other accused persons also cannot be ruled out. 8. Considering the seriousness of allegations found in the first information wherein an attempt is made to get an appointment in a nationalized bank based on a fake appointment order, I am of the opinion that the prayer made by the accused for grant of anticipatory bail cannot be entertained. Accordingly, petitions are dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK