- 1 - HC-KAR NC: 2025:KHC:47962 CRL.P No. 14827 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14827 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MOHAMMED MUSTHAFA S/O. K. MOIDEEN, AGED ABOUT 27 YEARS, R/AT NO. 2-1/2, AL-AMEEN MANZIL, NEAR KARAVALI ASHRAM, PANCHADI, BONDEL, MANGALURU, D.K. DISTRIT - 575 008. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA MANGALORE EAST STATION, D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.131/2025 OF MANGALURU EAST POLICE STATION, D.K DISTRICT, FOR THE OFFENCES Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47962 CRL.P No. 14827 of 2025 PUNISHABLE UNDER SECTIONS 316(2), 316(5), 318(2), 318(3) READ WITH 3(5) OF BNS, ON THE FILE OF VI JMFC COURT, MANGALURU. 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.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.131/2025 of Mangaluru East Police Station, registered for offences punishable under Sections 316(2), 316(5), 318(2), 318(3) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, this petitioner has applied for loan under MSME scheme and accused No.7 who is the Relationship Manager - 3 - HC-KAR NC: 2025:KHC:47962 CRL.P No. 14827 of 2025 of State Bank of India has processed the said loan and loan has been sanctioned on 14.09.2023. The total loan sanction is Rs.1,30,00,000/- and out of that, Rs.30,00,000/- has been released to the petitioner's account. The other amount has been released by accused No.7 to the account of accused Nos.3 to 6. The loan account of the petitioner became NPA and recovery proceedings are initiated. Accused No.3 who has received Rs.55,00,000/- has been granted bail. The petitioner has been taken to Police custody for four (4) days and interrogated. Therefore, the petitioner is not required for further custodial interrogation. The petitioner is ready to cooperate for further investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the investigation is in progress. The matter is handed over to CID. The petitioner is having major role in the commission - 4 - HC-KAR NC: 2025:KHC:47962 CRL.P No. 14827 of 2025 of the offence. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The petitioner has applied for loan and his loan application is processed and Rs.1,30,00,000/- has been sanctioned. Out of the said loan amount, Rs.30,00,000/- has been released to the petitioner/accused No.2. The petitioner is stated to have committed breach of trust and cheated the bank. The petitioner has been taken to Police custody for four (4) days and has been interrogated. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2025:KHC:47962 CRL.P No. 14827 of 2025 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner/accused No.2 is granted bail in Crime No.131/2025 of Mangaluru East Police Station, 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 like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:47962 CRL.P No. 14827 of 2025 iv) The petitioner shall appear before the Investigating Officer for further investigation whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 18