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2025 DAILYLAW 82831 (KAR)

MR. RAGHAVENDRA @ RAGHAVENDRA M.G. v. STATE OF KARNATAKA

CRL.P/14274/2025 · 2025-11-07

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45266 CRL.P No. 14274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14274 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. RAGHAVENDRA @ RAGHAVENDRA M.G. SON OF LATE M.T.GANGADHARA SHETTY AGED ABOUT 44 YEARS DIVISIONAL MANAGER EQUITAS SMALL FINANCE BANK JCR EXTENSION, CHITRADURGA RESIDING AT MR. RAGHAVENDRA @ RAGHAVENDRA M.G. RAYARA MADILU, DOOR No. 8797 VIJAYANAGARA 1ST MAIN 3RD CROSS, OPPOPISTE TO SRI. SRINIVASA AGENCIES PARALLEL TO MEDEHALLI ROAD CHITRADURGA. …PETITIONER (BY SRI S T BIKKANAVAR, ADVOCATE SRI FRANCIS XAVIER, ADVOCATE) AND: 1. STATE OF KARNATAKA KOTE POLICE STATION CHITRADURGA (REPRESENTED BY LEARNED Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45266 CRL.P No. 14274 of 2025 STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA) …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.No.195/2025 REGISTERED BY KOTE P.S., AT CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTION 12 OF THE MICRO FINANCE INSTITUTIONS (PROHIBITION OF COERCIVE STEPS) ACT, 2023, UNDER SECTION 108 R/W 3(5) OF BNS. 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.3 under Section 482 of BNSS praying to grant anticipatory bail in Cr.No.195/2025 of Kote Police Station, Chitradurga registered for offences under Section 108 read with 3(5) of BNS and Section 12 of the Micro Finance Institutions (Prevention of Coercive Steps) Act, 2023. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. - 3 - HC-KAR NC: 2025:KHC:45266 CRL.P No. 14274 of 2025 3. Learned counsel for petitioners would contend that name of the petitioner has not been mentioned in the FIR and the complaint. The name of this petitioner has been inserted only on the basis of statement of accused No.1. The allegation against this petitioner is that he sent accused No.1 for recovery of the loan amount borrowed by the deceased. The learned counsel for petitioners submits that deceased is not a defaulter, but her mother who has filed first information was a defaulter. Therefore, there is no question of any coercive steps against the deceased. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Petitioner is ready to co-operate with the police in investigation. With these he prayed to allow the petition. 4. Per contra, learned HCGP contends that the offence alleged against this petitioner is a heinous offence. The petitioner is required for investigation. With these she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:45266 CRL.P No. 14274 of 2025 5. Having heard the learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. The mother of deceased has filed first information alleging that deceased who had borrowed money from Equitas Small Finance Bank was harassed by the staff of that financial institution and therefore, she committed suicide. The petitioner is a Divisional Manager of the said Equitas Small Finance. The allegation against him is that he has sent accused No.1, who is a relationship manager, for recovery of the loan amount. The lender will not be interested in taking the life of the borrower and they are interested in recovery of the money. Merely demanding repayment of money borrowed does not amount to abatement. Whether the petitioner has abated the deceased to commit suicide is a matter of investigation and trial. The petitioner has undertaken to co-operate with the IO in the investigation and abide by the terms and conditions to be imposed by this Court. Considering the - 5 - HC-KAR NC: 2025:KHC:45266 CRL.P No. 14274 of 2025 above aspects, the petitioner has made out grounds for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Crime No.195/2025 of Kote P.S. Chithradurga subject to following conditions: 1. The petitioner shall voluntarily appear before the IO within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety to the satisfaction of IO. 2. The petitioner shall co-operate with the police in the investigation. 3. The 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. - 6 - HC-KAR NC: 2025:KHC:45266 CRL.P No. 14274 of 2025 4. The petitioner shall appear before the IO as and when called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 20 Ct.sm