- 1 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13763 OF 2024 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 13691 OF 2024 IN CRL.P No. 13763/2024 BETWEEN: SMT. INDIRA D R W/O ANIL KUMAR R AGED ABOUT 41 YEARS RESIDING AT 11, 7TH CROSS, BELGUMBA ROAD, ADARSHA NAGAR, TUMKUR-572 103. …PETITIONER (BY SRI. S.J.CHOUTA, SR. COUNSEL FOR SRI. SAMPREETH V., ADVOCATE) AND: THE STATE OF KARNATAKA BY CCB POLICE STATION REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST IN CRIME NO.56/2024 AND FIR IN ANNEXURE-A AND Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 COMPLAINT IN ANNEXURE-B FOR OFFENCES PUNISHABLE UNDER SECTIONS 406, 417, 420, 34, 120B OF IPC REGISTERED BY CCB POLICE PENDING ON THE FILE OF I ACJM, BENGALURU CITY. IN CRL.P NO. 13691/2024 BETWEEN: SRI ANIL KUMAR R S/O RAMANJANEYA G, AGED ABOUT 45 YEARS, RESIDING AT 11, 7TH CROSS, BELGUMBA ROAD, ADARSHA NAGAR, TUMKUR-572 103. ...PETITIONER (BY SRI. S.J.CHOUTA, SR. COUNSEL FOR SRI. SREENIVASA, ADVOCATE) AND: THE STATE OF KARNATAKA BY CCB POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF ARREST IN CRIME NO.56/2024 AND FIR IN ANNEXURE-A AND COMPLAINT IN ANNEXURE-B FOR OFFENCES PUNISHABLE UNDER SECTIONS 406, 417, 420, 34, 120B OF IPC REGISTERED BY CCB POLICE PENDING ON THE FILE OF I ACJM, BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of Cr.No.56/2024 registered by CCB, Bengaluru City, against accused Nos.1 to 5 for offences punishable under Section 120B, 406, 417 and 420 r/w 34 IPC. 2. Petitioners are arraigned as accused Nos.2 and 3. 3. Heard the learned Senior counsel for petitioners and the learned High Court Government Pleader for the State and perused the material on record. 4. Complaint is lodged by one G.Srinivasa Mithra alleging cheating, threat and misrepresentation by the accused persons. The sum and substance of the complaint averments are that, complainant is in the business of construction and stone crusher. He was approached by one Basavaraju and Shashi, who introduced him to one Anil Kumar (accused No.3) and Srinivas Reddy K.R. - 4 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 (accused No.1). The said persons informed that Indira D.R. (accused No.2) and Srinivas Reddy K.R. (accused No.1) are partners of M/s. V2A Iron Mining LLP and have entered into mining business, looking for an investment in return of 25% of their mining business and they are having all the rights, ownership upto 98% over a mine belonging to one Smt.Gangamma W/o late B.K.Krishna Murthy on a lease land situated at Sy.Nos.7,12, 13, 14 and 18 of Medakerepura, Horakeranahalli, Jampananhalli, Bommavvanagathihalli village, Holakere Taluk, Chitradurga District. It is alleged, the details about the mining were provided to the complainant after receiving money from him, the details however turned out to be fake and false and he has been cheated by the above persons. 5. Complainant has alleged that the accused by assuring that if investment is made in their mining business, they will be sharing 25% of the mining rights to him in return of an investment of Rs.10 Crores and he - 5 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 need to invest as an investor. Believing their words and on assurance given by them that they will return the entire investment with 18% per annum if for any reason the mining does not place, he agreed to invest the said amount for 25% of the mining rights. Thereafter, he transferred the amount of Rs.3,60,00,000/- (Rupees three crores sixty lakhs only) through RTGS and another sum of Rs.60 lakhs by cash. It is alleged that he has transferred upto Rs.6,40,00,000/- (Rupess Six crores forty lakhs only) through RTGS and Rs.60,00,000/- in cash which was collected by accused No.3 (Anil Kumar) on many occasions, but the accused refused to share any documents other than the mining lease number. On enquiry, it was revealed, the entire mining is under litigation and stopped long back and no mining activity was conducted since many years. 6. It is alleged by the complainant that the accused had no right or ownership over the mining - 6 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 property and he was deceived to make all the investment, which was preplanned and he was cheated completely. 7. It is contended by the learned Senior counsel that the case is purely civil in nature, which has given a colour of criminal liability. The complainant and the petitioners along with other accused persons named in the FIR have entered into a memorandum of understanding. As per the agreement, security cheques were issued to the complainant for recovery of money and instead of availing the remedy of presenting the cheques, the complainant has falsely filed the present case. It is contended that the entire allegations are false and baseless. It is also contended that offences alleged are punishable with maximum imprisonment of seven years. The petitioners are ready and willing to co-operate with the investigation of the case. 8. Learned High Court Government Pleader has contended that there are other cases registered against - 7 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 accused No.3 and considering the nature of allegations wherein he along with other accused persons cheated the complainant to a tune of Crores of rupees he is not entitled for the relief of anticipatory bail. 9. The learned Sessions Judge while dismissing the petitions has observed that the Investigation Officer has to be given fair opportunity to conduct the investigation and collect the material evidence and if bail is granted to the petitioner, presence of the petitioners cannot be secured easily for the purpose of investigation. 10. The learned Senior counsel has brought to the notice of the Court that both the petitioners have preferred petitions seeking quashing of the proceedings and this Court has granted stay of further proceedings. 11. Petitioner/accused No.2 has preferred Crl.P.No.12200/2024 and petitioner/accused No.3 has preferred Crl.P.No.12192/2024 before this Court for - 8 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 quashing of the proceedings and this Court has granted an interim order of stay of further investigation. 12. The allegations against the petitioners have to be proved in due course. The offences alleged against them are not punishable with death or imprisonment for life. In the complaint itself it is stated that, the accused have transferred a sum of Rs.50 lakhs till now. The criminal proceedings initiated against the petitioners have been stayed by this Court. Petitioners have undertaken to co-operate with the investigation of the case. 13. For the above stated reasons, petitioners can be granted the relief sought in these petitions. Accordingly, the following: ORDER 1. Petitions are allowed. 2. Petitioners/accused Nos.2 and 3 in Crime No.56/2024 registered by CCB City Police, Bengaluru, shall be released in the event of their arrest, subject to following conditions: - 9 - NC: 2025:KHC:4809 CRL.P No. 13763 of 2024 C/W CRL.P No. 13691 of 2024 a) They shall appear before the Investigating Officer within one week 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) each, with a surety for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall not hold threat or inducement to the complainant in any manner. f) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 28