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2025 DAILYLAW 36836 (KAR)

MANJUNATH G v. STATE BY SHO CCB POLICE STATION

CRL.P/14107/2024 · 2025-01-07

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:356 CRL.P No. 14107 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14107 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: MANJUNATH G S/O GOVINDARAJA, AGED ABOUT:39 YEARS, R/AT #83/2, SRI LAKSHMI 7TH MAIN, 3RD BLOCK, 4TH STAGE, BASAVESHWARA NAGAR, BENGALURU-560 079. …PETITIONER (BY SMT. ARCHANA MURTHY, ADVOCATE) AND: STATE BY SHO, CCB POLICE STATION BENGALURU CITY REPRESENTED BY STATE P.P HIGH COURT, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE CCB POLICE IN CRIME NO.19/2024 FOR AN OFFENCES PUNISHABLE UNDER SECTION 406, 420, 465, 468, 471 R/W 34 OF I.P.C. PENDING BEFORE THE 1ST ADDL. CMM COURT, NRUPATUNGA ROAD, BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:356 CRL.P No. 14107 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 Petitioner/accused No.1 has preferred this petition under Section 482 of BNSS, 2023 seeking anticipatory bail in Cr.No.19/2024 registered by CCB Police, Bengaluru, for offences punishable under Section 406, 420, 465, 468 and 471 r/w 34 IPC. 2. Heard both sides and perused the material on record. 3. FIR is registered on a complaint lodged by Rajesh B.S. S/o late B.G.Suryaprakash against accused Nos.1 to 6 and others. In the complaint, it is alleged that the complainant availing loan of Rs.1.14 Crore from ICICI Bank, purchased a Range Rover Velar car from Shakthi Auto Cars Private Limited showroom, Brookefield and registered the said vehicle in his name. Thereafter, as he was facing some financial crisis, he requested the petitioner for financial help and the petitioner in turn - 3 - NC: 2025:KHC:356 CRL.P No. 14107 of 2024 advised him to contact one Naveen (accused No.2). It is alleged that on 23.08.2023 when the complainant contacted Naveen and requested for a loan of Rs.15 lakhs, the said accused assured to help him if he pledged his car. Accordingly, the complainant said to have sent his car through his friend one Venugopal on 24.08.2023 to accused No.2. Further allegations are that on 25.08.2023 though the complainant requested accused No.2 to return his car, he did not return the car, instead he told that he will pay money through accused No.3. Thereafter, accused No.3 at about 7.00 p.m., transferred a total sum of Rs.27,25,000/- i.e., Rs.25,05,000/- through bank transactions and Rs.2,20,000/- through google pay to the account of the complainant. It is alleged that the accused persons colluding with each other have forged the documents of the car and sold the said car. 4. A perusal of the complaint averments goes to show that the only allegation against the petitioner is that when the complainant requested him for financial help, he - 4 - NC: 2025:KHC:356 CRL.P No. 14107 of 2024 advised him to contact one Naveen i.e., accused No.2. Vague allegations are made that he has colluded with other accused persons and all the accused have created forged documents and sold the car. The same is a matter which has to be investigated into and established in due course. 5. Even as per complaint, a sum of Rs.13,25,000/- was transferred to the account of the complainant by accused No.3-Nagendra. According to the complainant, on 4.3.2024 he transferred a sum of Rs.13,70,000/- from his ICICI account to the account of accused No.2-Naveen and thereafter, paid cash of Rs.8.5 lakhs to one Shivananda namely accused No.4. Further, on 11.3.2024, a sum of Rs.12 lakhs was transferred by accused No.3-Nagendra from the account of one Sowmya to the account of the complainant. There are no allegations of any amount being transferred to the account of the petitioner. 6. Learned High Court Government Pleader has contended that the petitioner is a habitual offender and he - 5 - NC: 2025:KHC:356 CRL.P No. 14107 of 2024 has committed the offence colluding with other accused persons. He, therefore contended that if the petitioner is enlarged on bail he may not co-operate with the case. 7. Prima facie, at this stage, there are no sufficient material to refuse the prayer of the petitioner. The apprehension of the State can be safeguarded by imposing suitable conditions. Hence, the following: ORDER i. The petition is allowed. ii. The petitioner/accused No.1 shall be released in the event of his arrest in Crime No.19/2024 registered by CCB Police, Bengaluru, for offences punishable under Section 406, 420, 465, 468, 471 r/w 34 IPC subject to following conditions: a) He shall appear before the Investigation Officer within a period of 10 days from the date of receipt of a certified copy of the order and shall execute a personal bond in a sum of Rs.2,00,000/- [Rupees two lakhs only] with two sureties for like sum. - 6 - NC: 2025:KHC:356 CRL.P No. 14107 of 2024 b) He shall furnish proof of his address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall make himself 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 TL List No.: 1 Sl No.: 56