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Karnataka High Court
Siddeshwarachar vs State Of Karnataka on 19 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10123
CRL.P No. 17648 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17648 OF 2025
(438(Cr.PC) / 482(BNSS))
BETWEEN:
1. SIDDESHWARACHAR
S/O MARIYACHAR
AGED ABOUT 48 YEARS,
RESIDE AT # 146,
WARD NO.01, NEAR BSNL
TOWER, PNT COLONY,
SHIVAMOGGA 577204
2. BHARGAVI HIREMATH
W/O, SIDDESHWAR
AGED ABOUT 41 YEARS,
RESIDE AT # 146,
WARD NO.01,
NEAR BSNL TOWER,
PNT COLONY,
Digitally signed by SHIVAMOGGA - 577204
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH 3. MEENAKSHI H M
COURT OF C/O, ESHA BL,
KARNATAKA
AGED ABOUT 42 YEARS,
R/AT, ROHONI NILAYA,
NARAYANAPURA ROAD,
OPP TEMPLE HOSAMANEHALLI,
BENNUR, BELUR,
HASSAN 573115
...PETITIONERS
(BY SRI. SHRIRAMA, ADVOCATE)
-2-
NC: 2026:KHC:10123
CRL.P No. 17648 of 2025
HC-KAR
AND:
1. STATE OF KARNATAKA
BY BARKE PS
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
BANGALORE 560001
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNNS) PRAYING TO ALLOW THIS PETITIONER AND
DIRECT TO RELEASE THE PETITIONERS ON ANTICIPATORY
BAIL IN THE EVENT OF ARREST IN CRIME NO.108/2025 OF
BARKE POLICE STATION FOR THE OFFENCES PUNISHABLE
UDER SECTIONS 316(2), 318(4) R/W 3(5) OF BNS 2023
PENDING ON THE FILE OF THE 6TH JMFC COURT, MANGALORE
CITY DAKSHIN KANNADA DISTRICT.
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.1 to 3 under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.108/2025 of
Barke Police Station registered for offences punishable
under Sections 316(2), 318(4) read with Section 3(5) of
Bharatiya Nyay Sanhita, 2023.
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HC-KAR
2. Heard the learned counsel for petitioner and the
learned Additional State Public Prosecutor for
respondent/State.
3. The learned counsel for petitioners would
contend that there were transactions and agreements
between the petitioners and the complainant/Kavitha B.
The petitioners could not comply with the terms of the
agreement due to loss sustained in the school business.
The allegations contained in the complaint indicate that
the dispute is of civil nature. The complainant can recover
the amount due to her from the petitioners in due process
of law approaching the Civil Court. The petitioners are
ready to cooperate with the Investigating Officer in
investigation and abide by any conditions to be imposed
by this Court. The offences alleged against the petitioners
are not punishable either with death or imprisonment for
life. There are no criminal antecedents of the petitioners.
With this, he prayed to allow the petition.
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4. Per contra, The Additional State Public
Prosecutor for respondent/State would contend that the
petitioners in total have received Rs.18,72,999/- from the
complainant, and did not repay the amount received. The
petitioners have executed an agreement in favour of the
complainant. The accused persons have also issued
cheques in favour of the complainant, and the same came
to be dishonored. The petitioners are required for custodial
interrogation. With this, he prayed to reject the petition.
5. Having heard the learned counsel, the Court
has perused the FIR, complainant and other materials
placed on record.
6. The averments in the complaint indicate that
the complainant had invested money and gold with the
petitioners and their institution. The petitioners did not
repay the amount as agreed and cheated the complainant.
The agreements said have been executed by the petitioner
No.1 in favour of the complainant made available by the
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learned Additional State Public Prosecutor would indicate
that there is an agreement with regard to the transactions
between the petitioner No.1 and the complainant. It is
alleged that the petitioners have not paid the amount and
gold taken from the complainant and cheated her.
Considering the said aspect, it appears that the
transaction is of civil nature. The petitioners have
undertaken to cooperate with the Investigation in
investigation and abide by any conditions to be imposed
by this Court. There are no criminal antecedents of the
petitioners. The offences alleged against petitioners are
not punishable either with death or imprisonment for life.
7. Considering the above aspects, the petitioners
have made out a case grant of anticipatory bail with
conditions.
In the result, the following:
ORDER
i) The petition is allowed.
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ii) The petitioners are ordered to be released on
bail in the event of their arrest in Crime No.108/2025 of
Barke Police Station registered for offences punishable
under Sections 316(2), 318(4) read with Section 3(5) of
Bharatiaya Nyay Sanhita, 2023 subject to following
conditions.
a) The petitioners shall voluntarily
appear before the Investigating Officer within
fifteen days from this day and execute bail bond
for a sum of Rs.1,00,000/- each with one surety
for the like sum to the satisfaction of the
Investigating Officer.
b) The petitioners shall appear before
the Investigating Officer whenever called for and
cooperate for investigation.
c) The petitioners shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the facts
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of the case so as to dissuade him from disclosing
such facts to the court or to any police officer or
tamper with the evidence.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 1 Sl No.: 23
