Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1667 CRL.P No. 14118 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14118 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN:
MR. ADARSH K.S, S/O K.N. SHIVARAMAIAH, AGED ABOUT 32 YEARS, R/AT NO.655/267, 15TH CROSS, 3RD STAGE, BANNUR ROAD, YARAGANAHALLI, MYSURU - 570 011. …PETITIONER (BY SRI. KUMARA K.G, ADVOCATE) AND:
STATE OF KARNATAKA BY MYSURU SOUTH POLICE, MYSURU - 570 011, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.298/2024 OF MYSURU SOUTH POLICE IN PCR NO.1438/2024 PENDING ON THE FILE OF THE HONBLE 11th ADDL. CIVIL JUDGE AND JMFC COURT, MYSURU,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:1667 CRL.P No. 14118 of 2024
MYSURU DISTRICT FOR THE ALLEGED OFFENCE P/U/S 406, 420, 465, 504, 506 OF IPC WITH A DIRECTION TO RELEASE HIM AN ANTICIPATORY BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME.
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 perused the material on record.
2. Petitioner is seeking to enlarge him on anticipatory bail in Crime No.298/2024 of Mysore South Police Station, registered for offence punishable under Sections 406, 420, 465, 504 and 506 of IPC.
3. The aforementioned crime was registered on the basis of a private complaint filed by one Ramaswamy.P which was referred to Police for investigation.
4. It is alleged that the petitioner/accused induced the complainant's son saying that he would get him a job in
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NC: 2025:KHC:1667 CRL.P No. 14118 of 2024
Mandya District Co-opertative Milk Producers Union of Societies Ltd., as his father was a President of the said unit and he knows MLAs and MPs and the Managing Director of the said Union and believing his words, complainant's son gave a total sum of Rs.11,50,000/- to the accused, but he was cheated etc.
5.
Learned counsel for the petitioner submits that the complainant has filed a suit in O.S.No..1204/2024 on the file of the Junior Civil Judge and JMFC, Mysore for recovery of the amount alleged to have been paid to the accused and further, he has also filed a complaint for dishonour of cheques issued by the petitioner. He therefore, contended that the dispute is purely civil in nature which has been given a colour of criminal offence.
6. Filing of O.S.No.1204/2024 and a complaint for dishonour of cheques are not in dispute. The ingredients of the offence alleged against the petitioner have to be established in due course. Offence alleged are not punishable with death or imprisonment for life. Petitioner
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NC: 2025:KHC:1667 CRL.P No. 14118 of 2024
has undertaken to co-operate with the investigation of the case and to furnish cash surety of Rs.2,00,000/- (Rupees two lakhs only). Hence, the following:
ORDER Petition is allowed. Petitioner/accused in Crime No.298/2024 registered by Mysuru south Police Station, shall be released in the event of his arrest, subject to following conditions: a) He 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) with two sureties for the likesum. b) He shall furnish cash surety of Rs.2,00,000/- (Rupees two lakhs only) c) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number.
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NC: 2025:KHC:1667 CRL.P No. 14118 of 2024
d) He shall appear before the I.O for investigation as and when directed and shall co-operate with the investigation. e) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. f) He shall be regular in attending the Court proceedings.
Violation of any of above conditions shall result in cancellation of bail.
Sd/- (MOHAMMAD NAWAZ) JUDGE
BNV List No.: 1 Sl No.: 42 CT: BHK