Karnataka High Court
Mr. Dinesh Hebbale vs State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10815
CRL.P No. 15297 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15297 OF 2025
(438(Cr.PC) / 482(BNSS))
BETWEEN:
1. MR. DINESH HEBBALE
S/O RAJAPPA
AGE ABOUT 50 YEARS
R/A #122/1 GOPAL CIRCLE
KUSHAL NAGAR HOBLI
SOMWARPET TALUK
KODAGU 571226
PROPRIETOR OF EXCELLENT SOLAR
HONGIRANA, OFFICERS COLONY
KUSHALNAGAR
KODAGU DISTRICT 571226
...PETITIONER
(BY SRI. NAGENDRA NAIK R.,ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI AND:
Location: HIGH
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
STATE BY KUSHALNAGAR TOWN PS
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BENGALURU 560001
...RESPONDENT
(BY SRI. M R PATIL, HCGP)
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NC: 2026:KHC:10815
CRL.P No. 15297 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO
THE PETITIONER IN CRIME NO.20/2022 DATED 18.04.202
REGISTERED BY KUSHALNAGAR TOWN POLICE STATION FOR
OFFENCES P/U/S 406, 420 OF IPC 1860 PENDING BEFORE THE
HONBLE ADDITIONAL CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS COURT AT KUSHALANAGARA AND
DIRECT THE RESPONDENT POLICE TO RELEASE THE
PETITIONER/ACCUSED IN THE EVENT OF HIS ARREST IN
CRIME NO.20/2022 DATED 18.04.2022 REGISTERED BY
KUSHALNAGAR TOWN POLICE STATION FOR OFFENCES P/U/S
406 AND 420 OF IPC PENDING BEFORE THE HONBLE
ADDL.CIVIL JUDGE AND JMFC COURT AT KUSHALANAGARA.
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 sole accused under Section 438 of Bharatiya Nagarik Suraksha Sanhita, 2023/438 of Cr.PC praying to grant anticipatory bail in Crime No.20/2022 of Kushalnagar Town Police Station registered for the offences punishable under Sections 406 and 420 of IPC.
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2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State.
3. The learned counsel for petitioner would contend that there was an agreement between the petitioner and the complainant dated 10.01.2020 under which, it is alleged that the petitioner has received Rs.3,95,39,994/- from the complainant, and the petitioner has not adhered to the terms of the said agreement and has cheated the complainant and committed breach of trust. The said allegation in the entire complaint is of civil nature. The petitioner is ready to co-operate with the Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable either death or imprisonment for life. With this, he prayed to allow the petition
4. Per contra, the learned High Court Government Pleader for respondent/State would contend that the -4- NC: 2026:KHC:10815 CRL.P No. 15297 of 2025 HC-KAR investigation is over and charge sheet has been filed against the petitioner. The charge sheet would indicate that there is a prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.
5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.
6. A private complaint has been filed in PCR No.142/2022 against this petitioner on the file of the learned Civil Judge and JMFC, Kushalanagar. The said complaint has been referred to police for investigation. On the basis of the said complaint, case has been registered in Crime No.20/2022 of Kushalanagar Town Police Station for the offences punishable under Sections 406 and 420 of IPC. In the said complaint, it is stated that there was an agreement between the petitioner and the complainant dated 10.01.2020, and under the said agreement, the complainant had paid totally Rs.3,95,39,994/-. It is -5- NC: 2026:KHC:10815 CRL.P No. 15297 of 2025 HC-KAR alleged in the said complaint that the petitioner did not comply with the terms of the agreement and has cheated the complainant and committed breach of trust. It is submitted that the allegation made in the entire complaint is of civil nature, and the complainant has right to approach the Civil Court for redressing his grievance. It is submitted that the complainant has filed Commercial O.S.No.182/2022 pending on the file of the learned Principal District and Sessions Judge for recovery of Rs.3,95,39,994/-. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. As submitted by the learned High Court Government Pleader, the investigation is over and charge sheet has been filed. Therefore, the petitioner is not required for custodial interrogation. The petitioner has undertaken to appear before the jurisdictional Court and abide by any conditions to be imposed by this Court. -6-
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7. Considering the above aspects, the petitioner has made a case for grant of anticipatory bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.20/2022 of Kushalanagar Town Police Station registered for the offences punishable under Sections 406 and 420 of IPC subject to following conditions.
a) The petitioner shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/-
with one surety for the like sum to the satisfaction of judicial Court.
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
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c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 40