IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1983 OF 2025 BETWEEN:

ANIL S/O BHASKAR SHETTY AGED ABOUT 42 YEARS NO.37. NRUPATHUNGA ROAD, OPP ASHOK CLINIC T DASARAHALLI BENGALURU - 560 057.

…PETITIONER (BY SRI PRABHULING K. NAVADAGI, SR. ADV., FOR SRI HARI PRASAD, ADV.)

AND:

STATE OF KARNATAKA Digitally BY MADANAYAKANAHALLI signed by NANDINI MS POLICE STATION, REP BY Location:

High Court of STATE PUBLIC PROSECUTOR Karnataka HIGH COURT BUILDING BANGALORE - 560 001.

…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP FOR SRI S.G. RAJENDRA REDDY, ADV., FOR DE-FACTO COMPLAINANT)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.02/2025 (CRL.MISC.NO.95/2025) FOR THE OFFENCE P/U/S 3(5),316(2),318(4),316(2),351(2),336(3),351(3),352,61(2) OF BNS 2023 (BNS) ON THE FILE OF MADANAYAKANAHALLI P.S.PENDING IN THE FILE OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT NELAMANGALA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused No.1 in Crime No.2/2025 registered by Madanayakanahalli Police Station, Bengaluru, for the offences punishable under Sections 3(5), 316(2), 318(4), 336(2), 336(3), 351(2), 351(3), 352 and 61(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.2/2025 was registered by Madanayakanahalli Police Station, Bengaluru, for the aforesaid offences against petitioner and another on the basis of the first information dated 02.01.2025 received from Kumari Nischita. During the course of investigation of the case, petitioner herein was arrested on 03.01.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.95/2025 was rejected on 04.02.2025. Therefore, he is before this Court.

4. Learned Senior counsel appearing on behalf of the petitioner submits that investigation in the case is competed and charge sheet is now filed. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Petitioner has no other criminal antecedents and he is ready and willing to abide by any condition that may be imposed by this Court. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP for the respondent and learned counsel for defacto complainant have opposed the petition.

6. Learned counsel for the defacto complainant who has filed statement of objections submits that accused persons have admitted their guilt and inspite of they assuring to repay the amount misappropriated by them, they have failed to keep up their promise. He submits that accused persons have also threatened the first informant about filing of false criminal cases against her. In the event of the petitioner being enlarged on bail, he is likely to tamper with the prosecution witnesses and the chances of filing false criminal cases against defacto complainant cannot be ruled out. Accordingly, he prays to dismiss the petition.

7. A perusal of the first information submitted on 02.01.2025 would reveal that the first informant is the owner of a petrol bunk and accused Nos.1 and 2 were employed in the said petrol bunk as Manager and Accountant respectively in the month of February, 2024 and in the first information, it is mentioned that in the month of March, 2024, itself first informant had found that the accused persons had misappropriated certain amounts in the petrol bunk and when questioned, they had assured to set right his accounts. Even thereafter, their services were continued in the petrol bunk and ultimately in the month of August, 2024, their services were terminated. However, first information is belatedly filed in the present case on 02.01.2025