- 1 - HC-KAR NC: 2025:KHC:43485 CRL.P No. 13803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13803 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. DHANRAJ HIRIYANNA KIDIYOOR S/O HIRIYANNA THANKOORU KIDIYOOR AGED ABOUT 41 YEARS R/AT No. 3-35, KIDIYOOR VILLAGE AND POST, UDUPI TALUK AND DISTRICT- 576 103. …PETITIONER (BY SRI SUKESH N T, ADVOCATE FOR SRI JAYANTHA POOJARY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER UDUPI CEN CRIME POLICE STATION UDUPI- 576 101. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO DIRECTED TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN RESPECT OF CR.No.37/2025 UDUPI CEN CRIME P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 420, 34 OF IPC PENDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43485 CRL.P No. 13803 of 2025 BEFORE THE II ADDL.SENIOR CIVIL JUDGE AND A.C.J.M AT UDUPI AND ETC., 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 the petitioner - accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.37/2025 of Udupi CEN Crime Police Station registered for offences punishable under Sections 406, 420 read with Section 34 IPC. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that there was a contract between the petitioner and the first informant. Pursuant to the said contract, the petitioner supplied rice with regard to five consignments and when he has to supply rice for sixth consignments there was a ban of export of rice. Therefore, he could not - 3 - HC-KAR NC: 2025:KHC:43485 CRL.P No. 13803 of 2025 export rice. The said aspect does not amount to any offence as alleged. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to co-operate with the police in investigation and abide by terms and conditions to be imposed by this court. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for the respondent - State would contend that the petitioner not only cheated the first informant, but also he has cheated 20 more persons to the tune of Rs.16,61,72,882/-. Petitioner is required for custodial interrogation. The investigation is in progress. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:43485 CRL.P No. 13803 of 2025 6. On perusal of averments of the first information, the petitioner was running PWIP Foodtech Pvt.Ltd. The first informant was running WINWIN EXIM INDIA export import company and has entered into agreement with petitioner’s company and gave advance amount of Rs.1.13 crores and the petitioner without supplying the rice has cheated the petitioner to the tune of Rs.1.13 crores. The offences alleged against the petitioner under Sections 406, 420 read with 34 IPC are not punishable either with death or imprisonment for life. The dispute appears to be civil in nature. The petitioner has undertaken to co-operate with the police in the investigation and abide by terms and conditions to be imposed by this court. Considering the said aspect, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Crime - 5 - HC-KAR NC: 2025:KHC:43485 CRL.P No. 13803 of 2025 No.37/2025 of Udupi CEN Police Station, subject to following conditions: (i) Petitioner shall appear before the Investigating Officer within 15 days from this day and execute a bail bond for Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the IO. (ii) Petitioner shall co-operate with the police in the investigation. (iii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 16 Ct.sm