- 1 - HC-KAR NC: 2025:KHC:41043 CRL.P No. 12466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12466 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. AMARESH G N AGED ABOUT 39 YEARS S/O. NANJUNDAIAH J.K. R/AT GOWDAGERE YADIYURU HOBLI KUNIGAL, TUMKUR KARNATAKA – 572 142. …PETITIONER (BY SRI GAGAN RAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY DETECTIVE POLICE INSPECTOR, C.I.U., C.I.D., BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL UNDER SECTION 438 OF Cr.P.C. TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME No.48/2024 REGISTERED BY THE MANGALURU NORTH POLICE STATION, AND PRESENTLY BEING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41043 CRL.P No. 12466 of 2025 INVESTIGATED BY THE CRIME INVESTIGATION UNIT CID, FOR THE OFFENCE PUNISHABLE UNDER SECTION 406, 420, 465, 468 READ WITH SECTION 34 OF IPC 1860 WHICH IS NOW PENDING ON THE FILE OF THE HON’BLE II ADDL. SENIOR CIVIL JUDGE AND CJM AT MANGALURU D.K., DISTRICT 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 1. This petition is filed under Section 438 of Cr.P.C. praying to grant anticipatory bail in Crime No. 48/2024 of Mangaluru North Police Station registered for offences punishable under Sections 406, 420, 465, 468 read with Section 34 IPC. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that name of this petitioner has not been stated in the complaint and FIR. The allegation against the petitioner is that accused No. 8 is his wife and he has got transferred a - 3 - HC-KAR NC: 2025:KHC:41043 CRL.P No. 12466 of 2025 sum of Rs.1,15,50,000/- to his account from the complainant. He submits that the said amount which was transferred was loan and he has repaid Rs.47,50,000/- and he is ready to repay the balance amount borrowed from the complainant. He submits that the petitioner is ready to cooperate with the Police in the investigation. Accused Nos. 1, 6, 7 and 9 who are similarly placed to that of the petitioner have been granted anticipatory bail by the Sessions Court. With is he prayed to allow petition. 4. Per contra learned HCGP would contend that the accused persons, under the guise of giving more profit for investment with regard to a precious metal, have got transferred huge amount from the complainant and cheated the complainant. The petitioner is required for custodial interrogation as he has received a sum of Rs.1,15,50,000/- through account transfer from complainant. If the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the - 4 - HC-KAR NC: 2025:KHC:41043 CRL.P No. 12466 of 2025 prosecution witnesses. With this, she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. Name of the petitioner has not been shown as an accused in the FIR and complaint. Wife of the petitioner has been arraigned as accused No. 9. Petitioner has admitted that he has got a sum of Rs.1,50,50,000/- through account transfer from the complainant. It is admitted that the petitioner has repaid Rs.47,50,000/- to the complainant. Whether alleged transaction is a loan or whether the petitioner has cheated the complainant is a matter of investigation. Petitioner is ready to cooperate with the Police in investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Petitioner has made out grounds for grant of anticipatory bail conditions. - 5 - HC-KAR NC: 2025:KHC:41043 CRL.P No. 12466 of 2025 7. In the result, the following; O R D E R Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No. 48/2024 of Mangaluru North Police Station subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer and appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. II. Petitioner shall cooperate with the Police in the investigation. III. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. IV. Petitioner shall appear before the Investigating Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 24 Ct.sm