1. Petitioners, who apprehend arrest in Crime No.105/2023 registered by Ramamurthynagar Police Station, Bengaluru for -3- NC: 2024:KHC:44242 CRL.P No. 11084/2024 C/W CRL.P No.11225/2024 the offences punishable under Sections 120B , 406 , 420 , 465 , 471 , 482 read with Section 34 of IPC, are before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.105/2023 was registered by Ramamurthynagar Police Station, Bengaluru, for the aforesaid offences against Dharmendra Jha and others on the basis of the first information dated 23.02.2023 received from Vinay Gupta, Director of Company known as 'ABIS India Exports Pvt. Ltd'. Apprehending arrest in the said case, petitioners herein had filed Crl.Misc.No.8891/2024 and Crl.Misc.No.8892/2024 respectively before the jurisdictional Sessions Court, which were rejected on 03.10.2024. Therefore, they are before this Court.

4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions submit that a perusal of the averments found in the first information makes it clear that the dispute between the parties is civil in nature. Undisputedly, first informant has a business transaction with accused persons from the year 2022 onwards. He has received several -4- NC: 2024:KHC:44242 CRL.P No. 11084/2024 C/W CRL.P No.11225/2024 payments in his bank account during the course of business transaction. Only for the reason that certain amounts is due to be paid to the first informant, he has approached the police. Accordingly, he prays to allow the petitions.

5. Per contra, learned HCGP has opposed the petitions. He submits that petitioners hail from Tamilnadu and they are likely to flee away from justice. Accordingly, he prays to dismiss the petitions.

6. A perusal of the averments made in the first information would reveal that the first informant had a business transaction with accused Nos.1 to 3 right from the year 2022 onwards. It appears that in the year 2022, he had totally received a sum of Rs.97,60,000/- from the account of ABIS India Exports Pvt. Ltd. to whom he had transported goods at the instance of accused persons. In the first information, it is alleged that first informant had raised the invoice for a total amount of Rs.1,05,84,000/- and out the same, he had totally received a sum of Rs.87.6 lakhs and he is yet to receive an amount of Rs.18,24,000/-. In the first information, it is further averred that when he had visited the office of ABIS India Exports Pvt. -5-

NC: 2024:KHC:44242 CRL.P No. 11084/2024 C/W CRL.P No.11225/2024 Ltd., he was informed that his Company was not included in the vendors list of ABIS India Exports Pvt. Ltd. However, the fact remains that first informant has admitted that he had received huge amount from the account of ABIS India Exports Pvt. Ltd., from the year 2022 onwards on different dates.

7. A reading of the averments made in the first informant makes it clear that dispute between the parties is civil in nature and only for the reason that accused named in the FIR are due to pay certain amounts in respect of the invoices raised by the first informant during the course of his business, it appears he had approached the police. Under the circumstances, I am of the opinion that the prayer made by the petitioners herein, who are apprehending arrest in the case needs to be granted subject to appropriate conditions. Accordingly, the following order:-

8. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.105/2023 registered by Ramamurthynagar Police Station, Bengaluru for the offences punishable under Sections 120B , -6- NC: 2024:KHC:44242 CRL.P No. 11084/2024 C/W CRL.P No.11225/2024 406, 420, 465, 471, 482 read with Section 34 of IPC, subject to the following conditions:

(S VISHWAJITH SHETTY) JUDGE DN