- 1 - HC-KAR NC: 2025:KHC:41170 CRL.P No. 12933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12933 OF 2025 BETWEEN: SRI. SUSHANTH S.KOTE S/O LATE K. SURESH, AGED ABOUT 30 YEARS, R/AT NO. 7-89/1, RAMANAGAR, BELTHANGADI TALUK, DAKSHINA KANNDA - 574 214. …PETITIONER (BY SMT. RAJESHWARI M., ADVOCATE) AND: THE STATE OF KARNATAKA BY CCB (EOW)I POLICE STATION, REPTD BY ITS LEARNED STATE PUBLIC PROSECUTOR, CITY CIVIL COURT COMPLEX, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNNS) PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE/CCB (EOW) POLICE STATION IN CRIME O.45/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41170 CRL.P No. 12933 of 2025 406, 418, 420 READ WITH 34 OF IPC, PENDING ON THE FILE OF I ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.45/2025 of the CCB, Bengaluru City Police registered for offences punishable under Sections 406, 418, 420 read with Section 34 of Indian Penal Code. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, in the first information report, except the name of the petitioner along with accused Nos.1 and 2, there is no allegation of cheating or details with regard to transfer of - 3 - HC-KAR NC: 2025:KHC:41170 CRL.P No. 12933 of 2025 amount by different persons to the bank account of the petitioner. He submits that accused No.1 has already been enlarged on bail by the trial Court and on the ground of parity, petitioner-accused No.3 is also entitled to be released on bail. The petitioner-accused No.3 is ready to co-operate with the police in investigation and abide by any terms and conditions to be imposed by this Court. With these, she prayed to allow the petition. 4. Per Contra, learned High Court Government pleader would contend that, the report of the Investigating Officer indicates that an amount of Rs.50,000/- plus Rs.20,000/- has been transferred to the bank account of the petitioner-accused No.3 maintained with Axis Bank. He is also involved in getting the money invested and cheating the first informant and others. The investigation is yet to be completed. With these, he prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:41170 CRL.P No. 12933 of 2025 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. On perusal of first information report filed by one Sri. D. Krishna Murthy, clearly depicts that there is a reference of transfer of amount by the first informant and others to the account of accused Nos.1 and 2 and details of payments made by them. As per averments of the complaint, amount due by the accused Nos.1 to 3 is Rs.52,63,466/-. The name of this petitioner has been mentioned along with accused Nos.1 and 2 in the last page of the complaint stating that they all have received money from the first informant and others and cheated them by not repaying the amount taken. There is no specific averment in the complaint with regard to exact amount received by this petitioner/accused No.3. The report of the Investigating Officer made available by the learned High Court Government Pleader indicates that the petitioner - accused No.3 has received a sum of Rs.50,000/- on - 5 - HC-KAR NC: 2025:KHC:41170 CRL.P No. 12933 of 2025 03.01.2024 from one Sri. Taruna Gowda and a sum of Rs.20,000/- from one Sri. Ashwath D.P. on 28.10.2024 to his bank account maintained with Axis Bank. Accused No.1 is stated to have been granted bail by the Trial Court. The petitioner has undertaken to co-operate with the police in the investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner has made out a case for grant of anticipatory bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.45/2025 of CCB, Bengaluru City Police and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:41170 CRL.P No. 12933 of 2025 ii) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. iii) The petitioner shall co-operate with the police in investigation. iv) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. v) The petitioner shall appear before the Investigating Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6 CT: BHK