- 1 - HC-KAR NC: 2025:KHC:37735 CRL.P No. 12298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12298 OF 2025 BETWEEN: MR. RAJU G.S. S/O SRINIVASACHAR G.N., AGED ABOUT 62 YEARS, NO.2229, 10TH CROSS, THUNGABHADRA ROAD, V V NAGAR, KALLAHALI, MANDYA, KARNATAKA -571 401. …PETITIONER (BY SRI. ANAND MUTTALLI, ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA WEST POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, IN HIGH COURT BUILDING, AT BENGALURU -560 001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE INSTANT PETITION AND PASS AN ORDER TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN CRIME NO.146/2024 IN THE EVENT OF HIS ARREST BY THE RESPONDENT MANDYA WEST POLICE, IN RESPECT OF COMPLAINT FILED BY THE DE FACTO COMPLAINANT FOR THE OFFENCES PUNISHABLE UNDER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37735 CRL.P No. 12298 of 2025 SECTIONS 233, 234, 316(2), 318(4) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION) AND CHIEF JUDICIAL MAGISTRATE COURT, MANDYA DISTICT, MANDYA AND ANY OTHER PROVISIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.1 in Cr.No.146/2024 of Mandya West Police Station, Mandya, registered for the offence punishable under Section 233, 234, 316(2), 318(4) of BNS, 2023 has preferred this petition under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard both sides and perused the material on record. 3. Complaint is lodged by the Manager, Canara Bank, Kallahalli Branch,Mandya. Gist of the complaint is that the petitioner visited the Bank on 16.7.2024 and by submitting a cheque bearing No.586079 for a sum of - 3 - HC-KAR NC: 2025:KHC:37735 CRL.P No. 12298 of 2025 Rs.25 lakhs, took a Demand Draft in the name of one Ramesh M.N. for the said amount. Later, on the same day in the evening, petitioner along with one Ms.Madhuri visited the Bank and represented that they lost the Demand Draft issued by the Bank. Further, they gave an Indemnity Bond and also agreed to pay the cancellation charges to cancel the Demand Draft. Later, the complainant came to know that the said Demand Draft was not lost, but the petitioner has handed over the Demand Draft to Ramesh M.N., who in turn deposited the Demand Draft and the amount mentioned in the Demand Draft was credited to his account, but returned, on account of the wrong representation of the petitioner. 4. The learned High Court Government Pleader contended that the investigation is in progress. The petitioner has approached the bank by falsely representing that the Demand Draft issued by the Bank in the name of Ramesh M.N., was lost though the said Demand Draft was handed over to the said person and the amount was - 4 - HC-KAR NC: 2025:KHC:37735 CRL.P No. 12298 of 2025 credited to his account. He contended that if the petitioner is granted anticipatory bail, he may not co-operate with the investigation of the case and he may tamper with the evidence. 5. The learned counsel for petitioner has contended that a registered agreement of sale was entered into between the petitioner and Ramesh M.N., and the petitioner had received a sum of Rs.25 lakhs from him towards advance sale consideration. He contended that the civil transaction has been given a colour of criminal texture. Further, contended that the petitioner has not given any letter to the Bank stating that the Demand Draft was lost but one Madhuri, named in the complaint induced him and put his signature on a blank paper and submitted the letter to the Bank. 6. FIR is registered against the petitioner and others. It appears that Ramesh M.N., filed a complaint before the District Consumer Forum against the bank officials, obviously for withdrawal of the amount deposited - 5 - HC-KAR NC: 2025:KHC:37735 CRL.P No. 12298 of 2025 in his account. In view of the same, the present complaint appears to have been lodged by the Bank Manager. 7. The offences alleged against the petitioner is not punishable with death or imprisonment for life. The allegations have to be investigated into and established in due course. Petitioner has undertaken to co-operate with the investigation of the case. 8. In the facts and circumstances, by imposing necessary conditions, the relief sought in the petition can be granted. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in Crime No.146/2024 registered by Mandya West Police Station, Mandya, 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 - 6 - HC-KAR NC: 2025:KHC:37735 CRL.P No. 12298 of 2025 receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 46