- 1 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2953 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MUTHANNA RAMANNA, S/O MUTHANNA SRINIVASULU, AGED ABOUT 43 YEARS, RESIDING AT NO.29, 2ND FLOOR, 11TH CROSS, SAMRUDHI NILAYA, PARAPPANA AGRAHARA BANGALORE 3 560 100 &PETITIONER (BY SRI. AMEENULLA N K., ADVOCATE) AND: STATE BY KARNATAKA REP BY CRIMINAL INVESTIGATION DEPARTMENT, (CID), REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE 3 560 001. &RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.327/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 318(4) R/W 3(5) OF BNS OF ELECTRONIC CITY POLICE PENDING IN THE FILE OF 1ST ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.2. in Crime No.327/2025 filed by the respondent-Police for the offences punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) seeking regular bail. VB Factual matrix of the case: 2. The case of the prosecution is that the complainant is a resident of Mandya District and currently residing in Bangalore for the past 15 years. In the month of May-2025, he was in searching for the house on rent or lease. It is stated that - 3 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 he has seen an advertisement in 99acres.com website and contacted the officials of Catena Homes India Pvt. Ltd. It is further stated that the petitioner and others had shown the house for lease and asked him to pay a sum of Rs.10,00,000/-. Initially, the complainant had paid a sum of Rs.10,000/- and thereafter, the complainant and his wife had paid a sum of Rs.10,00,000/- to the company. 3. It is further alleged that on 22.07.2025 in order to ascertain as to whether the house is vacant or not for occupation went to the house. However, the complainant learnt that he had been deceived by the company. Then, he tried to contact the officials of the company. But, the said officials did not properly respond to the complainant. Hence, he lodged a complaint to the respondent 3 Police. The respondent-Police after registering a case against the petitioner and others conducted investigation. The investigation is under progress. 4. Heard Sri. Ameenulla N.K., learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent 3 State. - 4 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 5. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. He has been falsely implicated in this case. The petitioner was working as one of the employee of the Company. There is no overt-act against the petitioner. In fact, he has received amount of Rs.1,00,000/- from the complainant. The main allegations are made against the Company. However, the company has not been arrayed as one of the accused. 6. The petitioner is aged about 43 years and he is the permanent resident of Parappana Agrahara, Bangalore and he is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions learned counsel for the petitioner prays to allow the petition. 7. Per Contra, learned High Court Government Pleader for respondent 3 State vehemently submitted that the complainant had been cheated by Catena Homes India Pvt. Ltd. The complainant has deposited the amount of Rs.10,00,000/- to the concerned company. However, he did not get either the - 5 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 house or refund of the money of which he has paid to the company. 8. It is further submitted that it is an hard earned money which was paid to the company. However, the said company has cheated him. The petitioner being one of the employee of the company is responsible to refund the amount. The investigation is under progress. As per the averments of the complaint the company has cheated as many as 70-80 members. At this stage it is not appropriate to grant the bail as prayed for. Making such submissions learned High Court Government Pleader prays to reject the petition. 9. Heard learned counsel for the respective parties and perused the averments of the complaint. It would indicate from the complaint that the petitioner and others were running a Company namely Catena Homes India Pvt. Ltd. It is alleged that the employers of this Company used to deceive the customers on one or the other pretext. In the present complaint, the complainant had deposited a sum of Rs.10,00,000/- to the Company to get house on lease. Even on depositing the said amount, the employees of this Company - 6 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 in one or the other way did not respond properly to get the house on lease nor refunded the amount which he deposited to the said company. However, the petitioner is one of the employee and the amount has been deposited by the complainant to the company. In fact, the company has cheated the complainant in order to gain wrongfully. However, the said company has not been made as one of the accused. Hence, I am of the considered opinion that the petitioner has made out a case to grant him bail. 10. Hence I proceed to pass the following: ORDER (i) This Criminal petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.327/2025 filed by the respondent-Police for the offences punishable under Section 318(4) read with Section 3(5) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:15611 CRL.P No. 2953 of 2026 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates, without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM