- 1 - NC: 2025:KHC:3176 CRL.P No. 14331 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14331 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. HEMANTH KUMARA S/O LATE KALAIAH, AGED ABOUT 39 YEARS, 2. DEEPIKA W/O HEMANTH KUMAR, AGED ABOUT 35 YEARS, BOTH ARE RESIDING AT MOSALEHOSAHALLI VILLAGE, MOSALE POST, SHANTHI GRAMA HOBLI, HASSAN TALUK AND DIST.-573 116. …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: STATE BY HASSAN EXTENSION POLICE, HASSAN REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3176 CRL.P No. 14331 of 2024 THIS CRL.P IS FILED U/S 438 CR.P.C (FILED U/S 482 BNSS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.234/2024, THE CASE IS REGISTERED BY HASSAN EXTENSION POLICE, HASSAN DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(2), 318(4), 351(2), 351(3) OF BNS, PENDING ON THE FILE OF 4TH ADDL. CIVIL JUDGE AND JMFC COURT AT HASSAN. 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 petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioners are arraigned as accused Nos.1 and 2 in Crime No.234/2024 of Hassan Extension Police Station, Hassan, registered for offences punishable under Section 318(2), 318(4), 351(2) and 351(3) of BNS, 2023. 3 Complaint is lodged by one Geetha N.T., W/o Velapurigowda, on the basis of which the above FIR was registered against the petitioners on 21.11.2024. - 3 - NC: 2025:KHC:3176 CRL.P No. 14331 of 2024 4. It is the case of the first informant that in the year 2020, petitioners herein rented the ground floor of a house belonging to her. They gradually gained her trust by portraying themselves as trustworthy individuals. They borrowed money from her under the pretext of financial difficulties and promised to repay the same. In 2020, petitioner No.1 expressed his intention to purchase a TT vehicle and assured her that the amount would be returned along with an additional sum. Believing the words, she provided money in installments amounting to Rs.82,60,600/- between 2020 and July 2024. Further, the accused inducing her, received 123 grams of gold and 5 cheques, for which a notarized agreement etc was also executed. 5. It is further alleged that the accused have borrowed a sum of Rs.20,00,000/- in cash from one Shalini of Jayanagara, a friend of the first informant under a false promise of securing a job in the BSNL office and received 250 grams of gold and cheated both - 4 - NC: 2025:KHC:3176 CRL.P No. 14331 of 2024 the first informant and the said Shalini by refusing to repay the money and issued threats. 6. The transaction between the first informant and the victims have taken place between 01.01.2020 and 19.11.2024. A huge sum of Rs.82,60,000/- is alleged to have been paid by the first informant in installments to the accused and a sum of Rs.20,00,000/- by Shalini. 7. It is contended by the learned counsel for petitioner that there is no material placed to show that such a huge amount was paid to the victims through installments. He has contended that the petitioners are innocent and they are falsely implicated in this case. 8. At this stage, there are no sufficient material to show the alleged transaction between the petitioner and the victims except vague averments made in the complaint that such an amount was paid in installments over four years. In the complaint, it is stated that five cheques were given to petitioner No.1 as well as a notarized agreement was executed. It appears that there - 5 - NC: 2025:KHC:3176 CRL.P No. 14331 of 2024 is some transaction between the parties. Ingredients of the offence alleged have to be proved in due course. 9. The offence alleged are not punishable with death or imprisonment for life. Petitioners have undertaken to cooperate with the investigation of the case. Their custodial interrogation may not be necessary. Hence by imposing conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused Nos.1 and 2 in Crime No.234/2024 of Hassan Extension Police Station, shall be released in the event of their arrest, subject to following conditions: 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 in a sum of Rs.1,00,000/- (Rupees One Lakh only) - 6 - NC: 2025:KHC:3176 CRL.P No. 14331 of 2024 with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 34 Ct: ra