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Karnataka High Court
Mr. Dinesh Hebbale vs State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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)
-2-
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
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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
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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.
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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
