- 1 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12320 OF 2025 BETWEEN: SRI. S. SANGAMESH, S/O SHARANAPPA, AGED ABOUT 37 YEARS, R/AT NO.47, ST.MEERA'S SCHOOL, DEENABANDUNAGAR, HULSURU, BENGALURU - 560 008. …PETITIONER (BY SRI. M.S.SHYAM SUNDAR, SENIOR ADVOCATE FOR SRI. MAILARAPPA.D.H., ADVOCATE) AND: THE STATE OF KARNATAKA, HALASURU GATE POLICE, BENGALURU. REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RAJAT SUBRAMANYAM, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN THE EVENT OF PETITIONER/ACCUSED NO.2 ARREST IN CRL.MISC.NO.6751/2025 ARISING OUT OF CR.NO.88/2025 REGISTERED BY HALASURGATE P.S., FOR THE OFFENCES P/U/S 318(4),336(2),336(3),340(2) OF BNS ACT, PENDING ON THE FILE OF 48th ACJM, AT BENGALURU. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.88/2025 registered by Halasurgate Police Station, Bengaluru City, for offences punishable under Sections 318(4), 336(2), 336(3), 340(2) of BNS, 2023 is before this Court in this successive bail petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.88/2025 was registered by Halasurgate Police Station, Bengaluru City, for the aforesaid offences against Sangamesh Infrastructure India Pvt. ltd., and the petitioner herein who is proprietor of accused No.1, based on the first information dated 05.04.2025 received by Pradeep Devanur - Executive Engineer, Public Works Department, Bengaluru. Apprehending arrest in the said case, petitioner had filed - 3 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 Crl.Misc.No.3075/2025 before the Jurisdictional Sessions Court which was rejected and therefore he had approached this Court in Crl.P.No.6824/2025 which was rejected on 05.06.2025. It is under this circumstance, he is before this Court in this successive petition. 4. Learned senior counsel for the petitioner having reiterated the grounds urged in the petition submits that after dismissal of Crl.P.No.6824/2025, petitioner has voluntarily appeared before the Investigation Officer in the present case multiple times and has fully cooperated with the Investigation Officer for investigation. He was not arrested by the police and on the other hand after interrogation, the police had sent him back. For extraneous reasons, police have now threatened to arrest the petitioner and it is under these circumstances petitioner apprehends arrest. He submits that petitioner has no criminal antecedent and the maximum punishment for the alleged offences is imprisonment for a period of 7 years. In support of his arguments, he has placed reliance on - 4 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 the judgment of the Hon'ble Supreme Court in the case of SIDDARTH V/S STATE OF UTTAR PRADESH reported in (2022) 1 SCC 676. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP, who has opposed the prayer made in the petition, however, does not dispute that petitioner has appeared before the Investigation Officer multiple times and has cooperated with the Investigation Officer for the purpose of investigation. He however submits that no change in circumstance is made out to entertain a successive bail petition seeking anticipatory bail. Accordingly, he prays to dismiss this petition. 6. In the first information, it is mentioned that petitioner had participated in the tender called for by the Public Works Department and along with the tender documents, petitioner had produced certain fixed deposit receipts which was one of the requirements, as per the terms and conditions of the tender document, for the - 5 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 purpose of participating in the tender. It appears that the work under the tender notification was allotted to the petitioner and subsequently, it was found that the fixed deposit receipts which were produced by the petitioner along with this tender application were forged documents and it is under these circumstances, the first informant had approached the police and based on his first information, FIR was registered against the company of the petitioner and the petitioner. 7. Considering the nature of allegations found in the first information and also since it was necessary to find out the source of the alleged forged fixed deposit receipts, this Court having arrived at a conclusion that custodial interrogation of the petitioner may be necessary in the case, his prayer for anticipatory bail in Crl.P.No.6824/2025 was rejected. 8. It is now brought to the notice of this Court that petitioner has thereafter appeared before the Investigation - 6 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 Officer on multiple occasions and has fully cooperated with the Investigation Officer for the purpose of investigation in the present case. The said submission is not seriously disputed by the learned HCGP. 9. The Hon'ble Supreme Court in the case of SIDDHARAM SATLINGAPPA MHETRE V. STATE OF MAHARASHTRA & ORS. - AIR 2011 SCC 694 has observed that if the material on record reveals that the accused has cooperated with the Police for the purpose of investigation in normal circumstances his prayer for grant of anticipatory bail needs to be entertained. Undisputedly the petitioner has no other criminal antecedents. The alleged offences are triable by the Court of Magistrate and maximum punishment for said offences is imprisonment for a period of seven years. Petitioner has undertaken before the Court that he is ready and willing to appear before the Investigation Officer in the event his presence is necessary for the purpose of further interrogation. It is the specific case of the petitioner that for extraneous - 7 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 reasons there is a threat of arrest and it is under these circumstances, he is before this Court. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest registered in Crime No.88/2025 registered by Halasurgate Police Station, Bengaluru City, for offences punishable under Sections 318(4), 336(2), 336(3), 340(2) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of - 8 - HC-KAR NC: 2025:KHC:43772 CRL.P No. 12320 of 2025 Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 1