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2025 DAILYLAW 57279 (KAR)

SRI. KARTHIK SHIVAN v. STATE OF KARNATAKA

CRL.P/12815/2025 · 2025-09-19

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37780 CRL.P No. 12815 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. 12815 OF 2025 BETWEEN: SRI. KARTHIK SHIVAN S/O. SRI. SHIVAN KODAVAYUR KRISHNAN PARAMSIVAM, AGED ABOUT 36 YEARS, R/AT NO.403, 4TH FLOOR, TRANQIL GREEN APARTMENTS, 4TH CROSS, BABUSABPALYA, KALYAN NAGAR, BENGALURU-560 043. …PETITIONER (BY SMT. SHILPA S. GOGI, ADVOCATE) AND: STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU–560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CRIME NO.109/2025 (JEEVAN BHEEMA NAGARA POLICE STATION) FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37780 CRL.P No. 12815 of 2025 SECTION 406 AND 420 OF IPC IN CRIME NO.109/2025 ON THE FILE OF 4TH CJM, BENGALURU, BY DIRECTING THE JEEVAN BHEEMA NAGARA POLICE TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.2 in Crime No.109/2025 of Jeevan Bheemanagar Police Station, Bengaluru City, registered for the offence punishable under Section 406 and 420 of IPC, has preferred this petition under Section 482 of BNSS, 2023. 2. In the complaint dated 29.04.2025 lodged by one Sudhir Kumar Hasija, it is alleged that he is the President of a company by name United Telelinks (Bengaluru Limited), which is functioning from last 11 years. Accused Nos.2 and 3 are the Directors of accused No.1-Company by name QThree Ventures Private Limited, HSR Layout, Bengaluru City. They approached the complainant in the month of July 2021 with a proposal for - 3 - HC-KAR NC: 2025:KHC:37780 CRL.P No. 12815 of 2025 supply of multiple brand televisions. Based on a discussion and proposal of finance final acceptance, complainant paid a sum of Rs.4,31,78,778/- in the month of August 2021, for the supply of multiple brand televisions from the accused company. It is alleged, despite repeated follow-ups and several assurances from the accused, they failed to supply the televisions and to return the money. 3. The petitioner is said to be one of the Directors of accused No.1-Company. It is alleged that after receiving the amount for supply of multiple brand televisions, they neither supplied the televisions nor returned the money till date. 4. Learned High Court Government Pleader contended that the amount involved in the case is huge and the investigation is at the inception and therefore, if anticipatory bail is granted to the petitioner, he may not co-operate with the investigation of the case. - 4 - HC-KAR NC: 2025:KHC:37780 CRL.P No. 12815 of 2025 5. Learned counsel for petitioner contended that the entire allegations are false and ingredients of the offences alleged are not made out. She contended that after an inordinate delay, a false case has been registered against the accused. She submitted that the offences alleged are not punishable with death or imprisonment for life and petitioner is ready and willing to abide by any conditions which may be imposed by the Court. 6. As per complaint averments, the alleged transaction took place in the month of August 2021. The complaint is lodged on 29.04.2025. According to the petitioner’s counsel, the allegations are civil in nature which has been given a colour of criminal texture. It is alleged that the amount mentioned in the complaint was paid to accused No.1 – company by the complainant from the account maintained in IDBI Bank, Mission Road Branch, Bengaluru. However, it has to be shown by the complainant that the said money was transferred to the accused company in relation to supply of TV Sets. The - 5 - HC-KAR NC: 2025:KHC:37780 CRL.P No. 12815 of 2025 allegations have to be investigated into and established in due course. Petitioners have undertaken to cooperate with the investigation of the case and to abide by conditions. He is said to be a permanent resident of Bengaluru. He has no criminal antecedents. Hence, by imposing necessary conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 in Crime No.109/2025 of Jeevan Bheemanagar Police Station, Bengaluru City, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of the 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 and shall cooperate with the investigation. - 6 - HC-KAR NC: 2025:KHC:37780 CRL.P No. 12815 of 2025 b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 52