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2025 DAILYLAW 80487 (KAR)

SRI.SHRINIVAS M v. STATE BY HARIHARA TOWN POLICE STATION

CRL.P/10256/2025 · 2025-07-31

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29604 CRL.P No. 10256 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. 10256 OF 2025 BETWEEN: SRI. SHRINIVAS M. S/O MAILAPPA ERESIME, AGED ABOUT 48 YEARS, OCC. SOCIAL WORKER, R/O. 2ND CROSS, A.K. COLONY, NEAR DURGAMMA TEMPLE, HARIHARA, DAVANAGERE-577 601. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE) AND: STATE BY HARIHARA TOWN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, 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 GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST OF THE PETITIONER BY THE RESPONDENT HARIHARA TOWN PS IN CRIME NO.101/2025 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT HARIHARA, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 406, 420 OF IPC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29604 CRL.P No. 10256 of 2025 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 the sole accused in Crime No.101/2025 of Harihara Town Police Station, registered for the offence punishable under Section 406 and 420 of IPC. 2. This petition is preferred under Section 482 of BNSS, 2023, to release the petitioner on anticipatory bail. 3. In the complaint lodged by one Geethamma wife of Devendrappa, she has alleged that her 2nd son D. Rajesh has completed a course of lab technician. In the year 2022-23, he got acquainted with the petitioner, who claiming to be the State President of Jai Karunadu Rakshana Sangha and assuring that he will provide him a job, on various occasions received a total sum of Rs.2,17,740/- through phonepe and a cash of Rs.50,000/- - 3 - HC-KAR NC: 2025:KHC:29604 CRL.P No. 10256 of 2025 on 21.02.2023 and in all received Rs.2,71,091/- from his son, however, without providing any job, cheated him. 4. Petitioner claims to be innocent. It is contended by the learned counsel that the complainant’s son had taken a hand loan of Rs.3,00,000/- from the petitioner, promising to refund the same in the 1st week of June 2022. The said amount was paid in installments through digital payment, however, in order to harass the petitioner, a false complaint has been lodged. 5. As per complaint averments in the year 2022- 23, complainant’s son – D. Rajesh got acquainted with the petitioner. The allegations are that by promising that a Government Job will be provided, petitioner received a total sum of Rs.2,71,091/- but failed to provide any job and thereby cheated him etc. As per complaint averments, on 21.02.2023 a sum of Rs.50,000/- by cash was paid and thereafter, on various occasions, through phonepe amount was paid to the petitioner. - 4 - HC-KAR NC: 2025:KHC:29604 CRL.P No. 10256 of 2025 6. The complaint is lodged on 06.06.2025. The allegations against the petitioner have to be established in due course. The offences alleged are not punishable with death or imprisonment for life. The relief sought in the petition can be granted by imposing suitable conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.101/2025 of Harihara Town Police Station, Davanagere, 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 one surety for the likesum and shall cooperate with the investigation. - 5 - HC-KAR NC: 2025:KHC:29604 CRL.P No. 10256 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.: 44