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Karnataka High Court
Sri. Vijaya Kumar vs The State Of Karnataka on 13 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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
-2-
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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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.
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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
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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
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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
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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
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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
