- 1 - NC: 2025:KHC:1369 CRL.P No. 14454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14454 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: MR. JAVEED PASHA, s/o AMJAD PASHA, AGED ABOUT 44 YEARS, RESIDING AT NO.8, MUNIVENKATAPPA LAYOUT, KALKERE, BENGALURU - 560 043. …PETITIONER (BY SRI. VEERESH M. UPPIN, ADVOCATE FOR SRI. CHANDRANATH ARIGA K, ADVOCATE) AND: THE STATE OF KARNATAKA BHY PUBLIC PROSECUTOR BY RAMAMURTHY NAGAR POLICE STATION, BANGALORE. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL FOR THE PETITIONER IN THE EVENT OF ARREST IN CR.NO.711/2024 BY THE RESPONDENT POLICE i.e., RAMAMURTHY P.S., PENDING ON Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1369 CRL.P No. 14454 of 2024 THE FILE OF XI ACJM, BANGALORE CITY, FOR THE OFFENCES P/U/S 318(4), 351(3), 352 OF BNS. 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 before this Court seeking anticipatory bail in Crime No.711/2024 registered at Ramamurthy Nagar Police Station, for offences punishable under Section 318(4), 351(3) and 352 of the BNS 2023. 3. A perusal of the complaint lodged by one Mahesh. R. S. goes to show that there is a dispute between the complainant and the petitioner with regard to leasing of a premises in the hospital of the petitioner for the purpose of running a medical shop. As per the agreement, complainant had to deposit a sum of - 3 - NC: 2025:KHC:1369 CRL.P No. 14454 of 2024 Rs.21,00,000/- towards security deposit and pay 50% of monthly sales towards rent. A token advance of Rs.10,000/- was made. Further, complainant issued a cheque for a sum of Rs.15,00,000/- on 03.03.2024 consequent to which possession of the space at SJP hospital measuring about 230 sq.feet was given to the complainant on 11.03.2024. As the complainant found that the said shop premises was already leased out to one Mr. Dinesh Chowdry for a period of 3 years on 24.08.2023, he sought to cancel the previous agreement. The allegations are that the petitioner abused him and refused to return the amount. 4. Contention of the learned counsel for petitioner is that the complainant did not have license to set up a medical shop and when this was questioned, a false complaint was filed by him by suppressing the material facts to forego his liability. 5. It is also submitted by the learned counsel for petitioner that the complainant has filed a private - 4 - NC: 2025:KHC:1369 CRL.P No. 14454 of 2024 complaint alleging dishonour of cheque issued by the petitioner herein for a sum of Rs.15,00,000/- and the same is pending in C.C.No.14074/2024 on the file of VI Additional Small Causes Judge and ACMM at Bengaluru. He contended that the dispute is purely civil in nature. 6. The offences alleged are not punishable with death or imprisonment for life. This Court passed an order of interim bail on 31.12.2024, imposing certain conditions. Learned counsel submits that the said conditions have been complied, and the petitioner has appeared before the Investigating Officer and also executed the bond with a surety as per the order of this Court and he has been co- operating with the investigation of the case. 7. In the above facts and circumstances, the following:- ORDER i) The petition is allowed with the following modified conditions: - 5 - NC: 2025:KHC:1369 CRL.P No. 14454 of 2024 a) Petitioner shall furnish proof of his residential address and shall inform the investigating officer if there is change in the address. b) He shall not tamper with the prosecution witnesses in any manner. c) He shall not leave the jurisdiction of the Trial Court till completion of investigation, without prior permission of the learned Trial Court. d) He shall be regular in attending the Court proceedings. e) He shall co-operate with the investigation of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 13