- 1 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12583 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. HRIDAY HARESHKUMAR SOLANKI, SON OF SHRI. HARESH, AGED 37 YEARS, RESIDING AT KARMA RESORTS AND HOSPITALITY, B/203, MADH, NEAR IIT, IOC ROAD, CHANDKHED, AHMEDABAD CITY, GUJARAT. 2. ANIRUDH SINGH, SON OF SHRI. NARENDRA SINGH, AGED ABOUT 35 YEARS, RESIDING AT A-1401, GALA ETERNIA DIRVE INN ROAD, THALTEJ OPPOSITE DOORDARSHAN, AHMEDABAD CITY, BODAKDEV, AHMEDABAD, GUJARAT - 380 054. …PETITIONERS (BY SRI. BHARATH K, ADVOCATE) AND: STATE OF KARNATAKA BY ASHOK NAGAR P.S., CUBBONPARK SUB-DIVISION, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, COURT COMPLEX, BENGALURU - 01. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE PRE-ARREST BAIL OF THE PETITIONERS, IN THE EVENT OF THEIR ARREST, WHEN THEY APPEAR BEFORE THE LEARNED III ADDL. CMM COURT IN C.C.NO.16994/2024 ON 27.11.2024, REGISTERED FOR AN ALLEGED OFFENCE P/U/S 420 OF IPC, PENDING ON THE FILE OF LEARNED III ADDL. CMM COURT, BENGALURU. THIS PETITION, COMING ON FOR ODERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are before this Court praying to release them on anticipatory bail in a case registered at Ashoknagar Police Station in Crime No.331/2022 for offences punishable under Section 406 and 420 of IPC. 3. The First Information Report was registered on a complaint lodged by one Dhruva. G. N. son of G.S.Natesh. - 3 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 against Valorah Karma Essort and Hospitality LLP (A1) and others. 4. On completion of investigation, charge sheet is fled against accused Nos.1 and 9 others. Petitioners are named as accused Nos.2 and 3 respectively in the charge sheet. 5. It is alleged in the complaint that in the year 2021, one of the representatives of accused No.1 contacted the complainant and represented to him that, Karma Resorts Company was established with a dream of making holidays an active part of the Indian customers' lifestyle. The company having experienced in the field of holiday with luxury presents its customers with the chance to explore diverse destinations and discover exciting experiences for an unforgettable holiday etc., 6. Based on continuous calls and on the advertisements given by the representatives, complainant joined as a member and took holiday membership for a tenure of 5 years, in the month of March, 2021, with an intention to travel abroad. He paid the membership fee of Rs.1,20,000/- and the company issued membership card vide No.13017 in the - 4 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 name of the complainant valid from March-2021 to till February-2026. 7. It is alleged that the complainant requested many times through phone calls as well as through e-mail to arrange complimentary international travel to Maldives inclusive of flight tickets etc., however the company representatives did not respond properly and did not even reply to e-mails. The company as well as its representatives namely the accused persons have denied and failed to comply with their obligations as promised by them at the time of taking membership from the complainant etc., and thereby committed criminal breach of trust and cheating. 8. Charge sheet is filed for the offence punishable under Section 420 read with Section 34 of IPC, wherein CWs.1 to 7 are stated to be the victims. It is stated that the company received the membership fee etc. to the tune of Rs.1,20,000/- from CW.1, Rs.1,00,000/- from CW.2, Rs.56,999/- from CW.3, Rs.1,05,000/- from CW.4, Rs.98,900/- from CW.5, Rs.1,35,000/- from CW.6 and Rs.1,65,000/- from CW.7 through on-line payments. - 5 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 9. The allegations are that after receiving the membership fee etc., from the above persons, the company did not provide any tour package and further failed to return the amount and closed the branch office and cheated them. 10. The incident as per the FIR has taken place between 02.02.2021 and 29.11.2022. Petitioners are said to be partners of the company. The police have filed charge sheet showing the petitioners as absconding. Permission has been sought to file additional charge sheet. 11. Learned High Court Government Pleader has contended that there are similar cases registered against he petitioner in the state of Gujarat and Chennai. The petitioners are absconding in this case and therefore, they are not entitled for the relief sought in the petition. 12. The intention of these petitioners to cheat the complainant and others has to be established in due course. The offence alleged is not punishable with death or imprisonment for life. The object of bail is not punitive but to secure the presence of accused in the trial. It is submitted by the learned counsel for petitioner that they were appearing in other two criminal cases registered at Gujarat and Chennai and - 6 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 they were not aware about the present case registered against them. Petitioners have undertaken to furnish surety and to co-operate with the investigation of the case. In the said circumstances, petitioners can be directed to appear before the Jurisdictional Court within a specific period. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioners / accused Nos.2 and 3 in C.C.No.61994/2023 pending before the Court of III Additional Chief Metropolitan Magistrate Court shall appear before the Jurisdictional Court within a period of 10 days from the date of receipt of a copy of this order and in that event they shall be released subject to following conditions: a) They shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties each for the likesum out of which one shall be a local surity. b) They shall furnish proof of their residential address / contact number and shall inform the Investigation Officer/Court, if there is any change in the address. - 7 - NC: 2025:KHC:2320 CRL.P No. 12583 of 2024 c) They shall appear before the Investigation Officer within one week thereafter and shall co-operate with the investigation of the case. d) They shall not tamper with the evidence / prosecution witnesses in any manner. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 30 CT: BHK