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2025 DAILYLAW 33711 (KAR)

SRI MANISH KUMAR SETHIA v. STATE OF KARNATAKA

CRL.P/10018/2024 · 2025-03-21

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:11991 CRL.P No. 10018 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10018 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI MANISH KUMAR SETHIA S/O DEVENDRA KUMAR SETHIA, AGED ABOUT 40 YEARS, R/AT NO. 344/88, 2ND FLOOR, 18TH CROSS, 16TH MAIN, M.C.LAYOUT, NEAR VIJAYANAGAR POST OFFICE, BENGALURU - 560040. …PETITIONER (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE A/W SRI. AJAY J N, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH P.S.I. DODDABALLAPUR RURAL POLICE STATION, BENGALURU REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU - 580 011. …RESPONDENT (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. C H JADHAV, SENIOR ADVOCATE A/W SMT. MANJULA TESASWINI, ADVOCATE FOR R2) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11991 CRL.P No. 10018 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 21.05.2024 PASSED U/S 439(2) OF CR.P.C. IN CRL.MISC.NO.10021/2024 BY THE LEARNED 4th ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPUR, BENGALURU RURAL DISTRICT, CANCELLING THE ANTICIPATORY BAIL GRANTED TO THE PETITIONER IN FIR IN CRIME.NO.6/2024 REGISTERED BY DODDABALLAPUR POLICE VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner-accused in Crime No. 28/2024, who is facing investigation for offences punishable under Sections 181, 419, 420, 465, 466, 468, and 471 of the IPC is before this Court seeking relief. 2. The petitioner was released on bail in anticipation of his arrest in Crime No. 6/2024, subject to certain terms and conditions. One such condition required that the petitioner to appear before the Investigating Officer when summoned and cooperate with the investigation within fifteen days. 3. The petitioner’s failure to appear before the Investigating Officer prompted the State to file an application for cancellation of his bail. Consequently, the Trial Court, in its impugned order, cancelled the bail - 3 - NC: 2025:KHC:11991 CRL.P No. 10018 of 2024 granted to the petitioner and permitted him to approach this Court. 4. Sri Udaya Holla, the learned Senior Counsel for the petitioner, submitted that the petitioner’s non- appearance before the Investigating Officer despite being released on bail was due to the fact that multiple FIRs had been registered against him in connection with the same transaction by different persons. He argued that this constituted a bona fide reason for his non- appearance, and therefore, the impugned order cancelling his bail is not legally sustainable. 5. In response, Sri C.H. Jadhav, the learned Senior Counsel for the respondent, argued that the petitioner, without any valid reason, failed to appear before the Investigating Officer and did not cooperate with the investigation. He further submitted that the petitioner has not produced the relevant documents required for the investigation, and as a result, the Trial Court was justified in cancelling his bail. 6. The arguments of the learned counsel for both parties have been duly considered. 7. It is noted that the petitioner was released on bail in anticipation of his arrest in Crime No.6/2024. The - 4 - NC: 2025:KHC:11991 CRL.P No. 10018 of 2024 petitioner contends that, due to multiple FIRs registered against him specifically, Crime No.6/2024 (Doddaballapur Rural PS), Crime No. 28/2024 (Magadi Road PS), and Crime No. 183/2024 (R.T. Nagar PS) all relating to the same transaction and lodged by different persons, he refrained from appearing before the Investigating Officer, as he was apprehensive that his appearance in one matter might lead to his arrest in another. 8. The petitioner has now undertaken to appear before the Investigating Officer on 29.03.2025 at 11:00 a.m., and this undertaking is hereby placed on record. 9. In view of the foregoing, this Court is of the considered view that the impugned order passed by the Trial Court is not legally sustainable. 10. Accordingly, the petition is allowed. The impugned order dated 21.05.2024, passed in Crl. Misc. No.10021/2024 by the learned IV Additional District and Sessions Judge, Doddaballapur, Bengaluru Rural District, is hereby quashed, and the order rejecting the petitioner’s anticipatory bail is restored. 11. It is further clarified that, should the petitioner fail to appear before the Investigating Officer - 5 - NC: 2025:KHC:11991 CRL.P No. 10018 of 2024 on 29.03.2025 at 11:00 a.m., the bail granted to him shall automatically be cancelled. The petitioner is directed to cooperate with the investigation and furnish all relevant documents as required by the Investigating Officer. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 111