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Kerala High Court
Venkatesh Murthy vs State Of Kerala on 30 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.13586/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
BAIL APPL. NO. 13586 OF 2025
CRIME NO.480/2025 OF Vellamunda Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED 27.10.2025 IN CRMC
NO.694 OF 2025 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT
CLAIMS TRIBUNAL & RENT CONTROL APPELLATE AUTHORITY, KALPETTA
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 VENKATESH MURTHY
AGED 61 YEARS
S/O. MUNIYAPPA THIMMAIH, # 36 SUSANNIDHI 6TH
CROSS, VIVEKANANDHA ROAD, NEAR GR KALYANA
MANDAPA,BALAJI LAYOUT BANGALORE, RMV EXTENTION II
STAGE, KARNATAKA STATE, PIN - 560094
2 REJIMA MURTHY
AGED 60 YEARS
W/O. VENKATESH MURTHY, # 36 SUSANNIDHI, 6TH CROSS,
VIVEKANANDHA ROAD, NEAR GR KALYANA MANDAPA, BAJAJI
LAYOUT BANGALORE, RMV EXTENTION II STAGE,
KARNATAKA STATE, PIN - 560094
3 NIKITHA PRIYA M.R
AGED 36 YEARS
D/O. VENKATESH MURTHY, # 36 SUSANNIDHI, 6TH CROSS,
VIVEKANANDHA ROAD, NEAR GR KALYANA MANDAPA, BAJAJI
LAYOUT BANGALORE, RMV EXTENTION II STAGE,
KARNATAKA STATE, PIN - 560094
BY ADVS. SRI.N.ANAND
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
SHRI.SADIQ NAZAR
RESPONDENT/STATE:
B.A.No.13586/2025
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1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
*ADDL R2 BABY VARGHES,AGED 56 YEARS
S/O.VARKEY, POOMATTATHIL HOUSE, KARAKKAMALA P.O,
MANANTHAVADY, WAYANAD, PIN-670645
* IS IMPLEADED AS THE ADDITIONL SECOND RESPONDENT
AS PER ORDER DATED 18.11.2025 IN CRL MA 1/2025 IN
BA 13586/2025.
BY ADVS. SHRI.P.SATHISAN
SHRI.SHIBU B.S
SHRI.RAZAK M.
SHRI.BIJU P.PAUL
SHRI.ALVIN JEWEL S.S.
SMT.VIDHYA T.U.
SHRI.DIJIL P.S.
SMT.ABHIRAMI.S
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.13586/2025
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ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicants are the accused Nos.1 to 3 in
Crime No.480/2025 of Vellamunda Police Station, Wayanad
District. The offences alleged are punishable under Sections
316(2), 318(4), 336(3) and 340(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
applicants in furtherance of their common intention, deceitfully
induced the defacto complainant to believe that he would be made
a partner in their mining company, thereby causing the defacto
complainant, his wife and friends to transfer a total amount of
₹44,00,000/- through various bank accounts of the applicants
during the period from 28.12.2024 to 24.2.2025 and to handover
an additional amount of ₹32,00,000/- through the defacto
complainant's friend Mr.Kishore directly to the applicant No.1,
obtained a total amount of ₹76,00,000/-, thereafter failed to
make him a partner and when he demanded repayment, on
14.2.2025, the applicants with intent to cheat, falsely represented
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that the amount had been refunded by fabricating an RTGS slip
bearing a forged seal of Punjab National Bank, Bengaluru RMV
Extension Branch, inserted false details and sent it through their
driver Arun's phone via WhatsApp to deceive him and thereby
committed the offences.
4. I have heard Sri.N. Anand, the learned counsel
for the applicants,Sri. P. Sathisan, the learned counsel for the
defacto complainant and Sri. K.A. Noushad, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely implicated
in the above crime. The counsel further submitted that no
materials are on record to connect the applicants with the alleged
crime; hence, they are entitled to get bail. The learned Senior
Public Prosecutor, on the other hand, submitted that the alleged
incident occurred as a part of the intentional criminal acts of the
applicants, and if they are released on bail at this stage, it will
affect the course of the investigation.
6. I went through the FIS. Specific overt act has been
attributed against the applicant No.1/accused No.1. It was he
who had allegedly induced the defacto complainant to part with
the money. The money was also paid to the applicant No.1 as
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well as the persons suggested by him. Since there is specific
allegations against the applicant No.1/accused No.1, I am of the
view that his custodial interrogation is necessary and he cannot be
granted pre-arrest bail. The applicant Nos.2 and 3 are the wife
and daughter respectively of the applicant No.1. No specific overt
acts have been attributed against them. They did not receive any
money from the defacto complainant. There is no allegation that
they have induced the defacto complainant to part with the
money. The only allegation against them in the FIS is that during
the talk regarding the business deal at the house of the applicant
No.1, the applicant Nos. 2 and 3 were also present. Hence, I am
of the view that their custodial interrogation seems unnecessary.
Hence, pre-arrest bail can be granted to the applicant Nos. 2 and
In the result, the application is allowed in part on the
following conditions:-
(i) The applicant Nos.2 and 3 shall be released on
bail in the event of their arrest on executing a bond for
Rs.1,00,000/- (Rupees One lakh only) each with two solvent
sureties for the like sum each to the satisfaction of the arresting
officer/investigating officer, as the case may be.
(ii) The applicant Nos. 2 and 3 shall fully cooperate
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with the investigation, including subjecting themselves to the
deemed police custody for discovery, if any, as and when
demanded.
(iii) The applicant Nos. 2 and 3 shall appear before
the investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicant Nos. 2 and 3 shall not commit any
offence of a like nature while on bail.
(v) The applicant Nos. 2 and 3 shall not attempt to
contact any of the prosecution witnesses, directly or through any
other person, or in any other way try to tamper with the evidence
or influence any witnesses or other persons related to the
investigation.
(vi) The applicant Nos. 2 and 3 shall not leave the
State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
bail conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF BAIL APPL. NO. 13586 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF FIR IN CRIME NO. 480/2025
OF VELLAMUNDA POLICE STATION
Annexure A2 A TRUE COPY OF RELEVANT PORTION OF
STATEMENT OF ACCOUNT OF 1ST PETITIONER
WITH KOTAK MAHINDRA BANK.
Annexure A3 A TRUE COPY OF ORDER DATED 27.10.2025 IN
CRL.MC. NO. 694/2025 ON THE FILE OF
SESSIONS DIVISION, KELPETTA
RESPONDENT ANNEXURES
Annexure R2(a) TRUE COPY OF THE GOLD PLEDGE RECEIPT
ISSUED BY FEDERAL BANK, KODUVALLY BRANCH
HAVING LOAN DATED 26.12.2024
Annexure R2(b) TRUE COPY OF THE CHEQUE NO.191737 DATED
07.02.2025 OF BANK OF INDIA
Annexure R3(c) TRUE COPY OF SCREENSHOT OF WHATSAPP
MESSAGE ISSUED BY THE 2ND ACCUSED
Annexure R2(d) TRUE COPY OF PROOF OF TRANSACTION ID
NO.FDRLR52025030733327745 DATED
07.03.2025
Annexure R2(e) TRUE COPY OF PROOF OF TRANSACTION ID
NO.FDRLR52025030633324701 DATED
06.03.2025
Annexure R2(f) TRUE COPY OF PROOF OF TRANSACTION ID
NO.S80174452 DATED 29.01.2025
Annexure R2(g) TRUE COPY OF PROOF OF TRANSACTION ID
NO.S80080091 DATED 29.01.2025
Annexure R2(h) TRUE COPY OF PROOF OF TRANSACTION ID
NO.S44770758 DATED 26.01.2025
Annexure R2(i) TRUE COPY OF RTGS COUNTERFOIL DATED
10.01.2025 FOR RS.5,00,000/-
Annexure R2(j) TRUE COPY OF REMITTANCE SLIP DATED
10.01.2025 FOR RS.7,00,000/-
Annexure R2(k) TRUE COPY OF REMITTANCE SLIP DATED
08.01.2025 FOR RS.10,00,000/-
Annexure R2(l) TRUE COPY OF REMITTANCE SLIP DATED
08.01.2025 FOR RS.5,00,000/-
Annexure R2(m) TRUE COPY OF THE DISHONOR MEMO OF THE
CHEQUE FOR RS.1,00,00,000/- (RUPEES ONE
CRORE ONLY) DATED 21.04.2025
Annexure R2(n) TRUE COPY OF RECEIPT DATED 19.02.2025
ISSUED BY FEDERAL BANK OF KODUVALLY
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BRANCH
Annexure R2(o) TRUE COPY OF RECEIPT DATED 14.02.2025
ISSUED BY PUNJAB NATIONAL BANK, KODUVALLY
BRANCH
Annexure R2(p) TRUE COPY OF CHEQUE ISSUED TO KISHORE BY
THE ACCUSED FOR RS.11,00,00,000/- (RUPEES
ELEVAN CRORES ONLY) DATED 03.01.2025
WHICH ALSO GOT BOUNCED
