- 1 - NC: 2025:KHC:505 CRL.P No. 11385 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11385 OF 2024 BETWEEN: SRI SRINIVAS K, S/O VENKATRAYAPPA, AGED ABOUT 52 YEARS, R/AT WARD NO.17, NEXT TO GEETHAMANDIR, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT, PIN CODE - 561 207. …PETITIONER (BY SRI. LAKSHMIPATHI V M.,ADVOCATE) AND: STATE OF KARNATAKA, BY BAGEPALLI POLICE STATION, BAGEPALLI. PIN CODE - 561 207, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALUR - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST FOR THE ALLEGED OFFENCE P/U/S 420 R/W 34 OF IPC IN CR.NO.3/2024 REGISTERED IN BAGEPALLI P.S. OF THE RESPONDENT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:505 CRL.P No. 11385 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record. 2. Petitioner is seeking anticipatory bail in Crime No.3/2024 of Bagepalli Police Station, Chickballapura, registered for the offence punishable under Section 420 read with Section 34 of IPC. 3. In the complaint lodged by one Channakeshav S/o Pakeerappa, he has alleged that the petitioner by inducing him that he will provide him a site through one Om Sri Vishwa Jyothi Charitable Trust (Reg), received a sum of Rs.60,000/- from him and later cheated him. 4. A perusal of the complaint averments goes to show that the petitioner was informed by one Krishnappa, a resident of Thirumani Village that sites are being - 3 - NC: 2025:KHC:505 CRL.P No. 11385 of 2024 distributed to poor people by Om Sri Vishwa Jyothi Charitable Trust (Reg) for less price and therefore, the complainant approached the petitioner who is alleged to have told him that they are selling sites situated at Sy.No.480 of Yallampalli Village. Petitioner and his wife was then induced to become members of the said trust by paying a sum of Rs.400/-. 5. The incident relates back to the year 2018. Complaint is lodged in the year 2024 against the petitioner and Om Sri Vishwa Jyothi Charitable Trust (Reg) and others. 6. It is contended by the learned counsel for petitioner that in respect of the incident in question, Tahsildar, Bagepalli Taluk, had reported the matter to police on 24.06.2018 for immediate action against one R.Muniraju and others and a case in Crime No.250/2018 was registered under Section 420 read with Section 34 of IPC, following which charge sheet was also filed. He - 4 - NC: 2025:KHC:505 CRL.P No. 11385 of 2024 contended that the petitioner is not arraigned as accused in the said case. 7. At this state there are no prima-facie materials against the petitioner so as to deny the relief sought in the petition. The offences alleged are not punishable with death or imprisonment for life. Petitioner has undertaken to cooperate with the investigation of the case. His custodial interrogation is not necessary in the facts and circumstances of the case. Hence, the following: ORDER i) The criminal petition is allowed. ii) The petitioner/accused in Crime No.3/2024 of Bagepalli Police Station, Chickballapura shall be released in the event of his arrest subject to following conditions: a) Petitioner shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of this Order and shall execute a bond in a - 5 - NC: 2025:KHC:505 CRL.P No. 11385 of 2024 sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) He shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) He shall not tamper with the prosecution witnesses either directly or indirectly. f) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 25