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2025 DAILYLAW 54546 (KAR)

SRI. JOSEPH. A v. STATE OF KARNATAKA

CRL.P/13013/2025 · 2025-09-26

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39145 CRL.P No. 13013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.13013 OF 2025 BETWEEN: SRI JOSEPH A. S/O. ANTHONY AGED ABOUT 67 YEARS R/AT NO.7/22, A K COLONY 2ND MAIN ROAD, DOMLUR LAYOUT DOMLUR, BENGALURU NORTH BENGALURU-560 071 …PETITIONER (BY SRI RAMKRISHNA, ADVOCATE FOR; MISS. YUKTHA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE HALASURU P.S REP. BY THE S.P.P. HIGH COURT OF KARNATAKA BENGALURU-01 …RESPONDENT (BY SRI K. NAGESHWARAPPA, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON ANTICIPATORY BAIL, DIRECTING RESPONDENT HALASURU POLICE STATION, TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CRIMINAL Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39145 CRL.P No. 13013 of 2025 CASE REGISTERED AS PER CRIME NO.154/2024 OF HALASURU P.S. PENDING ON THE FILE OF HON'BLE IV A.C.M.M., BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 403, 409, 415, 420, 503 AND 34 OF IPC, 1860. THIS CRIMINAL PETITION IS 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.4 in Crime No.154/2024 of Halasuru Police Station, Bangalore City registered for the offence punishable under Section 403, 409, 415, 420 503 r/w 34 of IPC, has preferred this petition seeking anticipatory bail. 2. Heard both sides and perused the material on record. 3. One Smt.Balamma, W/o Narasimhaiah filed a private complaint before the Court of IV Additional Chief Metropolitan Magistrate, Bangalore, which was referred to police for investigation, consequent to which, the aforementioned case was registered against accused Nos.1 to 4. - 3 - HC-KAR NC: 2025:KHC:39145 CRL.P No. 13013 of 2025 4. It is alleged that the complainant was induced to invest in the chit fund of the accused, wherein they appraised her about the investment plans available with them and promised to pay high interest for the invest made with them. Believing the accused, she paid in total, a sum of Rs.29,00,000/- with dividend, but she was cheated. It is further alleged that the accused without availing permission from the statutory advisory bodies, posed themselves as investment advisors with an ill-intent to grab the hard earned money of the public in the name of 'Patricia Chit Funds and Investments.' She has further alleged that she was threatened and intimidated by the accused etc. 5. The complaint averments do not attribute any specific role to the petitioner, arraigned as accused No.4. Learned counsel for the petitioner contended that only because the petitioner is the father of accused Nos.2 and 3, he has been arraigned as an accused in this case. Drawing the attention of the Court to the Memorandum of - 4 - HC-KAR NC: 2025:KHC:39145 CRL.P No. 13013 of 2025 Association of 'Patricia Chit Funds and Investments Private Limited' at Annexure-F, he contended that as per the said document, only accused Nos.2 and 3 are the members holding the shares of the Company. 6. There are no specific allegation against the petitioner and about his role played in the fraud and cheating allegedly committed against the petitioner. The offences alleged are not punishable with death or imprisonment of life. Petitioner has undertaken to co- operate with the investigation of the case. In the facts and circumstances, relief sought in the petition can be granted. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.4 in Crime No.154/2024 registered by Halasuru Police Station, shall be released in the event of his arrest, subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:39145 CRL.P No. 13013 of 2025 a) He shall appear before the Investigation Officer within one week from the date of 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 a surety for the likesum. b) He shall furnish proof of his residential address and shall inform the Court/IO, if there is change in the address. 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 DKB List No.: 1 Sl No.: 14