- 1 - NC: 2025:KHC:4151 CRL.P No. 12630 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. 12630 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: MR. VADIRAJ S/O KRISHNAMURTHY SHETTY, AGED ABOUT 35 YEARS, OCC: BUSINESS, R/O 5-1-113B, ‘AIKYA’ CHANDU MAIDAN, 1ST CROSS, BAILUR, 76, BADAGAUBETTU, UDUPI-576 101. …PETITIONER (BY SRI. P.B.UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND: THE STATE OF KARNATAKA BY BRAHMAVARA POLICE STATION, BRAHMAVARA CIRCLE, UDUPI DISTRICT-576 213 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001) …RESPONDENT (BY SRI. RANGASWAMY R., HCGP; SRI. H.JAYANTH POOJARY, ADV. FOR DEFACTO COMPLAINANT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4151 CRL.P No. 12630 of 2024 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE CONCERNED POLICE OF BRAHMAVARA POLICE STATION, UDUPI DISTRICT TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.185/2024 OF BRAHMAVARA POLICE STATION, UDUPI DISTRICT (REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 316, 318 R/W 3(5) OF BNS-2023 NOW PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND J.M.F.C., UDUPI. 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, learned High Court Government Pleader for the State and learned counsel appearing for defacto complainant. 2. Crime No.185/2024 of Brahmavar Police Station, Udupi is registered against accused Nos.1 to 3 for offences punishable under Section 316, 318 and 3(5) of BNS, 2023, on a complaint lodged by one Nityananda Shetty son of late Narayan Shetty. - 3 - NC: 2025:KHC:4151 CRL.P No. 12630 of 2024 3. The complainant has alleged commission of fraud and cheating by the accused persons by offering to sell gold to them for lesser price, purchased through auction from financial institutions like Citycorp Financial Manipal. 4. In the complaint, it is stated that Suvasini Shetty and her brother Vadiraj Shetty contacted the complainant and offered to sell gold purchased through auction conducted by the finance company etc. The complainant and similar other persons invested money believing the assurance and representation of the accused and transferred amount to their bank accounts. However, instead of giving the gold as promised or repaying the amount invested, the accused cheated the complainant and several other persons. Further, accused No.1 threatened to file a rape case against them etc. 5. A perusal of the complaint averments goes to show that the complainant gave money to accused No.1 and while collecting money she came along with one - 4 - NC: 2025:KHC:4151 CRL.P No. 12630 of 2024 Nishanth Nayak i.e., accused No.3. It is also alleged that request was made to accused No.1 to fulfil the promise. However, she avoided the calls made by the complainant and did not respond properly, thereby showing no inclination to return the invested amount or gold. 6. Learned High Court Government Pleader has contended that there are several cases registered against accused No.1 and in one of the bank accounts, she has made the petitioner as her nominee. He contended that the petitioner is absconding and he is required for custodial interrogation. 7. According to the complainant initially accused No.1-Suvasini Shetty and the petitioner herein, her brother contacted him to sell gold said to have been purchased from finance company through auction conducted by the financial institutions. However, it is not alleged in the complaint that the amount was paid to the petitioner. It is alleged that money was given to accused No.1. The complicity of the petitioner in - 5 - NC: 2025:KHC:4151 CRL.P No. 12630 of 2024 the alleged Crime has to be established in due course. Accused No.1 has been enlarged on bail by the learned Sessions Judge. 8. Learned counsel for respondent No.2 has contended that after accused No.1 was released on bail, she has not cooperated with the investigation of the case. If accused No.1 has violated the conditions, the prosecution or the complainant are at liberty to move the Sessions Court for cancellation of bail. 9. Petitioner has undertaken to cooperate with the investigation of the case and to furnish sufficient surety to ensure his presence before the trial Court. Considering the allegations against the petitioner, relief sought by him can be granted by imposing suitable conditions,. Accordingly, the following: ORDER Petition is allowed. - 6 - NC: 2025:KHC:4151 CRL.P No. 12630 of 2024 Petitioner/accused No.2 in Crime No.185/2024 of Brahmavar Police Station is ordered to be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within a period of ten days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall cooperate with the investigation of the case and shall be available for the purpose of investigation whenever necessary. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. - 7 - NC: 2025:KHC:4151 CRL.P No. 12630 of 2024 e) He shall be regular in attending the Court proceedings. In case of violation of conditions, complainant or the prosecution are at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 26 Ct:ra