Karnataka High Court
Sri. Vijaya Kumar vs The State Of Karnataka on 13 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:8984
CRL.P No. 16659 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16659 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI. VIJAYA KUMAR
S/O SRI. SADHU POOJARY
AGED ABOUT 58 YEARS
RESIDING AT HOUSE NO.11-147
PITORIDI, UDYAVARA
UDUPI TALUK AND DISTRICT-574 118
2. SRI. ASHOK RAO
S/O SRI. RAMAKRISHNA RAO
AGED ABOUT 57 YEARS
RESIDING AT HOUSE NO.5/23
"RAMGIRI NILAYA"
NEAR MOODABETTU TEMPLE
KATPADY POST
MOODABETTU VILLAGE
Digitally signed by
LAKSHMINARAYANA KAUP TALUK, UDUPI DISTRICT-574 106
MURTHY RAJASHRI ...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI. THANOJ KUMAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER
KAUP POLICE STATION, UDUPI DISTRICT
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA BUILDING
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NC: 2026:KHC:8984
CRL.P No. 16659 of 2025
HC-KAR
DR.B.R.AMBEDKAR VEEDHI
BENGALURU 560 001
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.PC
(FILED UNDER SECTION 482 OF BNSS) PRAYING TO ALLOW
THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF
BNSS (SECTION 438 OF CR.P.C AND ISSUE A DIRECTION TO
THE RESPONDENT POLICE (KAUP P.S) TO RELEASE THE
PETITIONERS (ACCUSED NO.7 AND 8) ON BAIL IN THE EVENT
OF THEIR ARREST IN CONNECTION WITH CR.NO.2/2025 FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS
417,420,467,468,471,472 R/W 34 OF I.P.C PENDING ON THE
FILE OF THE 2ND ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C
UDUPI.
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 accused Nos.7 and 8 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.2/2025 of Kapu Police Station registered for offences punishable under Sections 417, 420, 467, 468, 471, 472 read with Section 34 of IPC.
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NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 HC-KAR
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent
-State.
3. Learned counsel for petitioners would contend that the names of petitioners have not been mentioned in the FIR and complaint. The petitioners have received notice under Section 35(3) from the Investigating Officer and therefore, they apprehends their arrest. Petitioners are Directors in Katapady Co-operative Agricultural Society. Petitioners are ready to co-operate with Investigating Officer in investigation and offences alleged against petitioners are not punishable either with death or imprisonment for life. Petitioners have deposited Rs.2,00,000/- each to the said Society. The allegation against petitioners is that they had received Rs.2,00,000/- each out of loan amount granted to accused No.1. The said deposits by petitioner Nos.1 and 2 are made on 03.02.2026. With this he prayed to allow the petition. -4-
NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 HC-KAR
4. Per contra, learned High Court Government Pleader for the respondent -State would contend that investigation is in progress and the petitioners are required for custodial interrogation. With this, he prayed to reject the petition.
5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on the record.
6. The complaint has been filed by Chief Manager, Katapady Co-operative Agricultural Society. Based on which a case has been registered in Crime No.2/2025 in Kapu Police Station. The allegation in the said complaint is that accused Nos.1 and 2 have approached the said society for sanction of loan of Rs.45,00,000/- and filed loan application. Society passed resolution sanctioning loan to the accused Nos.1 and 2 in sum of Rs.45,00,000/-. Accused Nos.3 and 4 are guarantors to the loan of accused Nos.1 and 2. Accused Nos.1 and 2 have furnished the documents i.e., sale agreement and produced registered -5- NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 HC-KAR sale deed and other documents. Accused Nos.1 and 2 purchased property from one Smt. Shakuntala R. Ullal and registered sale deed and memorandum of deposit of title deed dated 26.03.2024 registered with Senior Sub - Registrar, Udupi. The Society has issued cheque of the loan amount to Shakuntala in sum of Rs.45,00,000/- and it is dated 25.03.2024. Accused persons have en-cashed the said cheque. Thereafter, accused persons have paid three installments. Accused persons have failed to pay further installments, the officers of the Society found that the forged documents are furnished and the loan has been availed on furnishing forged documents and cheated the Society. The allegation against petitioners who are Directors of the said Society is that they have received Rs.2,00,000/- each from the accused persons out of the loan sanctioned. Petitioners have now deposited the said amount received by them in sum of Rs.2,00,000/- each in the Society on 03.02.2026 and in that regard receipts have been produced along with memo. What is the exact -6- NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 HC-KAR role of petitioners is required to be ascertained in the investigation. Petitioners have undertaken to co-operate with Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of petitioners. Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions.
7. In the result, the following ORDER
i) The petition is allowed.
ii) The petitioners -accused Nos.7 and 8 are ordered to be released on bail in the event of their arrest in Crime No.2/2025 of Kapu Police Station subject to following conditions:
a) Petitioners -accused Nos.7 and 8 shall voluntarily appear before the Investigating Officer within 15 days from this day and executed bail bond for a sum of -7- NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 HC-KAR Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer.
b) Petitioners -accused Nos.7 and 8 shall appear before the Investigating Officer whenever called for and cooperate for investigation.
c) Petitioners -accused Nos.7 and 8 shall appear before the Investigating Officer on every Sunday between 10 a.m. and 02 p.m. for a period of one month or till filing of the final report whichever is earlier.
d) Petitioners -accused Nos.7 and 8 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court -8- NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 HC-KAR or police officer or tamper with the evidence.
e) In case of filing of the charge sheet, Petitioners -accused Nos.7 and 8 shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 40