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Karnataka High Court
Jayaraman Rengiah vs State Of Karnataka on 8 April, 2026
-1-
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CRL.P No. 5530 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 5530 OF 2026 (482(Cr.PC) /
528(BNSS))
BETWEEN:
1. JAYARAMAN RENGIAH
C/O RANGAIYA,
AGED ABOUT 52 YEARS,
R/AT NO.2, NEAR AMMAN NAGAR,
VASANTHAM NAGAR,
KARATTUMEDU, SARAVANAMPATTI,
COIMBATORE, TAMILNADU - 641 035.
2. MUTHUSAMY T
S/O THANGAVELU,
AGED ABOUT 55 YEARS,
R/AT: NO.44, SRI MURUGAN NAGAR,
CHERAN MAANAGAR BACKSIDE,
COIMBATORE SOUTH,
TAMILNADU - 641048.
Digitally
signed by 3. V.J.MAHALAKSHMI,
HEMALATHA C/O JAYARAMAN,
J
AGED ABOUT 41 YEARS,
Location:
HIGH COURT R/AT NO.2 AMMAN NAGAR,
OF NEAR VASANTHAM NAGAR,
KARNATAKA KARATTUMEDU, SARAVANAMPATTI,
VTC: SARAVANAMPATTI,
PO: SARAVANAMPATTI,
DISTRICT: COIMBATORE,
STATE: TAMILNADU, PIN CODE-641 035.
...PETITIONERS
(BY SRI. PAVAN A., ADVOCATE)
AND:
-2-
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CRL.P No. 5530 of 2026
HC-KAR
1. STATE OF KARNATAKA
BY NELAMANGALA RURAL POLICE STATION
REP. BY SPP HIGH COURT BUILDING,
BENGALURU 560001
2. DR. V. VIJAYARAGHAVAN
S/O R. VISHWANATHAN,
AGED ABOUT 40 YEARS
DOOR NO. 1568, KIRAN NILAYA,
NEAR POST OFFICE, INDIRA NAGARA,
NELAMANGALA TOWN,
BENGALURU DISTRICT-562123
...RESPONDENTS
(BY SRI.RAJATH SUBRAMANYAM, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH VIDE ORDER
DATED 08.04.2026)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER
DATED 26.03.2026 PASSED BY THE LD. PRINCIPAL CIVIL JUDGE
(JR.DN) AND J.M.F.C COURT NELAMANGALA, BENGALURU RURAL
DISTRICT (THE "LD.TRIAL COURT" HEREINAFTER) IN RESPECT OF
CR.NO.342/2025 REGISTERED BY NELAMANGALAL RURAL POLICE
STATION, BENGALURU RURAL DISTRICT. PRODUCED AS ANNEXURE-
A2 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioners were accused in Crime No.342/2025 for
the offences punishable under Sections 308(2), 351(2) of the
Bharatiya Nyaya Sanhita, 2023 (henceforth referred to as
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'BNS'). The petitioners sought anticipatory bail, which was
granted in Crl.Misc.No.2115/2025. This was however subject to
furnishing solvent sureties. The petitioners failed to furnish the
surety, following which an application was filed by the de facto
complainant for cancellation of the order granting anticipatory
bail. The trial Court in terms of an order dated 26.03.2026
held, "The anticipatory bail was granted by the District and
Sessions Judge, Bengaluru Rural District in Karnataka and had
not insisted the petitioners furnish sureties of Tamil Nadu, who
have solvency certificate." Consequently, it allowed the
application to cancel the order dated 02.12.2025 granting
anticipatory bail to the petitioners. Being aggrieved by the said
order, the petitioners approached this Court in
Crl.P.No.4411/2026.
2. (i) This Court after considering the contention of the
petitioners that in the state of Tamil Nadu a government order
is issued revoking the policy of granting solvency certificates.
This Court in terms of the order dated 18.03.2026 granted an
opportunity to the petitioners to furnish surety, either local or
from any person in Tamil Nadu who has a solvency certificate
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from the concerned revenue authority to the satisfaction of the
trial Court for a sum of Rs.1,00,000/-.
(ii) The petitioners then approached the trial Court with
a surety, who had a solvency certificate from Karnataka Bank
and Canara Bank. The said application was rejected by the trial
Court in view of the order passed by this Court in
Crl.P.No.4411/2026, which stated that the petitioners may
furnish a surety who has a solvency certificate from the
concerned revenue authority in Tamil Nadu. Being aggrieved by
the said order, the petitioners are before this Court.
3. The learned counsel for the petitioners submits that
the earlier policy in the state of Tamil Nadu of issuing solvency
certificates by the revenue officers is revoked and therefore,
the petitioners cannot furnish surety who has a solvency
certificate from the revenue authority. He further contends that
the petitioners do not have any acquaintance in Karnataka and
therefore, they cannot furnish a local surety. He however
contends that the two commercial banks namely, Karnataka
Bank and Canara Bank, have issued solvency certificates
stating that the sureties furnished by the petitioners are solvent
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enough to stand surety. He therefore contends that the
impugned order passed by the trial Court be set aside and the
surety furnished by the petitioners be accepted.
4. The learned High Court Government Pleader
however contended that if the sureties furnish immovable
property to the satisfaction of the Court, the same may be
accepted.
5. I have considered the submissions of the learned
counsel for the petitioners and the learned High Court
Government Pleader for the respondent No.1/state.
6. A perusal of the order passed by this Court in
Crl.P.No.4411/2026 shows that the petitioners were called upon
to furnish surety of any person in Tamil Nadu or a local surety
who has a solvency certificate from the concerned revenue
authority. However, since it is stated that the Revenue
Department in the state of Tamil Nadu has revoked the policy
of granting solvency certificates, it would well nigh be
impossible for the petitioners to furnish a surety from Tamil
Nadu who has a solvency certificate from the concerned
revenue authority.
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7. In that view of the matter, the following order is
passed:
ORDER
i. This petition is allowed;
ii. The impugned order passed by the trial Court
dated 26.03.2026 is set aside. The trial Court is
directed to accept the surety furnished by the
petitioners, who are declared to be solvent by
Karnataka Bank and Canara Bank;
iii. The trial Court shall thereafter inform the
concerned bank to check the authenticity of the
solvency certificate issued by the bank.
Sd/-
(R. NATARAJ)
JUDGE
BKN/List No.: 1 Sl No.: 35
