- 1 - HC-KAR NC: 2025:KHC:29605 CRL.P No. 10305 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10305 OF 2025 BETWEEN: VISHWANATH S/O MAREPPA, AGED ABOUT 48 YEARS, R/AT # 5.H T LANE 2ND CROSS, KALKERE MAIN ROAD, NEAR MOUNT CARMEL SCHOOL, SIR M.V. NAGAR, RAMMURTHY NAGAR, BANGALORE NORTH, BANGALORE-560 016. …PETITIONER (BY SRI. SHRIRAM ADIGA, ADVOCATE) AND: STATE OF KARNATAKA BY CCB POLICE STATION, ECONOMIC OFFENCE WING (EOW), REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS INSTANT PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THE ARREST ON THE COMPLAINT FILED BY THE COMPLAINANT IN FIR NO.30/2025, UNDER THE PROVISIONS 406, 420 R/W 34 OF THE INDIAN PENAL CODE AND SECTION 21 AND 23 OF BUDS ACT, 2019, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29605 CRL.P No. 10305 of 2025 PENDING ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, (CCH-1) AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking anticipatory bail, in anticipation of his arrest in Cr.No.30/2025 registered by the CCB Bengaluru Police, Bengaluru City. 2. The aforementioned crime is registered on a complaint lodged by one Raghukumar R.S. S/o Shankaregowda against accused Nos.1 to 3 for offence punishable under Section 21 and 23 of Banning of Unregulated Deposit Schemes Act, 2019 (for short ‘Act’) and Section 406, 420 r/w 34 of IPC. 3. The complainant has alleged that the accused managed to convince him to invest a huge sum of money in C.F.S. Marketing Pvt. Ltd., with a promise of exorbitant return of 10% interest per month, with no intention of - 3 - HC-KAR NC: 2025:KHC:29605 CRL.P No. 10305 of 2025 honouring their commitment and thus, by organizing fraudulent Scheme duped to the tune of more than Rs.3 Crores. 4. Petitioner is not named as an accused in the FIR. Consequent to receipt of police notice issued under Section 35(3) of BNSS, 2023, petitioner is apprehending arrest. 5. Learned Addl. SPP has contended that in the statement of the co-accused he has confessed that even the petitioner is involved in the offence. 6. In view of the said submission, there is a reasonable apprehension of arrest for the petitioner. 7. Learned counsel for the petitioner contended that accused Nos.1 and 2 named in the FIR have been granted anticipatory bail and accused No.3 has been granted regular bail by the trial Court. - 4 - HC-KAR NC: 2025:KHC:29605 CRL.P No. 10305 of 2025 8. Learned Addl. SPP contended that accused Nos.1 and 2, after their release are not co-operating with the Investigation of the case. 9. Admittedly, name of the petitioner is not in the FIR. In view of the statement of the co-accused and issuance of police notice, he has a reasonable apprehension of arrest. At this stage, there is no sufficient material to deny the relief sought in the petition. The learned Sessions Judge has observed in the order rejecting the bail petition that petitioner is not residing in the address furnished by him, but two other persons by name Avinash and Pinto are residing as tenants. 10. Learned counsel for the petitioner submits that the petitioner is residing in the said address furnished by him and he will undertake to co-operate with the investigation and also abide by the conditions imposed by this Court. - 5 - HC-KAR NC: 2025:KHC:29605 CRL.P No. 10305 of 2025 11. Considering the facts and circumstances of the case, petitioner can be granted the relief by imposing conditions. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner in Cr.No.30/2025 registered by the CCB Bengaluru Police, Bengaluru City, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating 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 his residential address/contact number and shall - 6 - HC-KAR NC: 2025:KHC:29605 CRL.P No. 10305 of 2025 inform the I.O. in case of any change in the address/contact number. 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. If accused Nos.1 and 2 are not co-operating with the investigation and violated the bail conditions, it is open for the State to seek cancellation of their bail, in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 45