- 1 - HC-KAR NC: 2025:KHC:41476 CRL.P No. 13851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13851 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: MR. ARUN D’ SOUZA ALIAS ARUN RONALD D’ SOUZA S/O ANTONY D’ SOUZA, AGE ABOUT 42 YEARS, R/AT NO. 3-281, RAYMOND LOBO NAGAR, ADYAR PADAVU, ADYAR POST, MANGALURU - 575 005. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA.,ADVOCATE) AND: STATE OF KARNATAKA THROUGH MANGALURU NORTH POLICE STATION, REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU -560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN CC NO.132/2024 ARISING OUT OF CR.NO.64/2020 OF MANGALURU NORTH P.S FOR THE O/P/U/S 403, 418,419,420,423,463,464,465,468,471,473,120B R/W SEC.34 OF IPC, PENDING ON THE FILE OF THE HONBLE II ADDL.SENIOR CIVIL JUDGE AND CJM, MANGALURU AND ETC. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41476 CRL.P No. 13851 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 438 of C.P.C, praying to grant of anticipatory bail in C.C.No. 132/2024 arising out of Crime No.64/2020 of Mangalore North Police Station registered for offences punishable under Sections 403, 418, 420, 465, 468, 471 and 472 of IPC pending on the file of II Additional Senior Civil Judge and CJM, Mangalore. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that after his anticipatory bail came to be rejected, he appeared before the Investigating Officer and co-operated for investigation. The Investigating Officer has - 3 - HC-KAR NC: 2025:KHC:41476 CRL.P No. 13851 of 2025 filed charge sheet against the petitioner for aforesaid offences. In the charge sheet, the petitioner has not been shown as absconding. On the basis of the said charge sheet, a case came to be registered against the petitioner in C.C.No.132/2024 pending on the file of II Additional Senior Civil Judge and CJM, Mangalore. In the said criminal case, summons has been served on the petitioner and pursuant to the summons, he engaged a counsel who filed vakalath for him along with application under Section 205 of Cr.P.C. Thereafter, the petitioner could not appear in the said criminal case and therefore, NBW has been issued against the petitioner. The petitioner apprehends his arrest pursuant to the said NBW and therefore, he prayed for grant of anticipatory bail. He submits that offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to appear in the criminal case registered against him and co-operate for speedy disposal. With these, he prayed to allow the petition and grant bail to the petitioner. - 4 - HC-KAR NC: 2025:KHC:41476 CRL.P No. 13851 of 2025 4. Per contra learned High Court Government Pleader for the respondent –State would contend that the petitioner has created documents and sold hypothecated vehicle and caused loss to the bank. It is alleged that the petitioner has created documents and got cancelled hypothecation agreement. The offences alleged against the petitioner are serious offences. The petitioner has not obeyed the summons and therefore, he is not entitled for grant of anticipatory bail. With this, he prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. On perusal of the charge sheet, it indicates that the petitioner has co-operated for investigation and therefore, he has not been shown as absconding. Pursuant to registration of criminal case, summons has been served on the petitioner and on his behalf, counsel has filed vakalath and also filed application under Section 205 of - 5 - HC-KAR NC: 2025:KHC:41476 CRL.P No. 13851 of 2025 Cr.P.C. Subsequently, the petitioner has not appeared in the said criminal case and NBW has been issued against him. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to appear in the criminal case and co-operate for speedy disposal of the said case. Considering the above aspect, the petitioner is entitled for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted anticipatory bail in C.C.No.132/2024 pending on the file of II Additional Senior Civil Judge and CJM, Mangalore subject to following conditions; a. The petitioner –accused shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the like sum to the satisfaction of Trial Court. - 6 - HC-KAR NC: 2025:KHC:41476 CRL.P No. 13851 of 2025 b. The petitioner –accused shall appear before the trial Court within 15 days from this day and execute bail bonds and furnish surety. c. The petitioner –accused shall not tamper the prosecution witnesses either directly or indirectly; d. The petitioner –accused shall appear before the trial court on all the dates of hearing unless exempted and co- operate for speedy disposal of the case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 8