Citation : 2026 Latest Caselaw 1563 Kant
Judgement Date : 20 February, 2026
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NC: 2026:KHC:10650
CRL.P No. 240 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 240 OF 2026
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
SRI MANJUNATHA G.
S/O LATE GANGADHARAIAH,
AGED ABOUT 49 YEARS,
ADVOCATE BY PROFESSION,
OFFICE AT NO.860, BSK 6TH STAGE,
11TH BLOCK, GANAKAL, 80 FT. MAIN ROAD,
BENGALURU - 560 060.
...PETITIONER
(BY SRI. SRINATH A R., ADVOCATE)
AND:
STATE OF KARNATAKA
BY THALAGHATTAPURA POLICE STATION,
Digitally signed by
BENGALURU,
LAKSHMINARAYANA REP. BY STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
Location: HIGH HIGH COURT BUILDING,
COURT OF BENGALURU - 560 001.
KARNATAKA
...RESPONDENT
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C
(UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.476/2025
REGISTERED BY THALAGHATTAPURA POLICE STATION,
BENGALURU RURAL DISTRICT, FOR THE ALELGED OFFENCES
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CRL.P No. 240 of 2026
HC-KAR
PUNISHABLE UNDER SECTIONS 126(2), 308(2) AND 75 OF
BNS, 2023, PENDING ON THE FILE OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT,
BENGALURU.
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 No.1 under Section
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.476/2025 of
Thalaghattapura Police Station registered for offences
punishable under Sections 126(2), 308(2) and 75 of
Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the petitioner who has been received notice from the
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Investigating Officer has appeared in January, 2026 for
investigation and cooperated for investigation. The
petitioner is an Advocate having twenty three (23) years
of practice. The petitioner has filed four (4) cases on
behalf of the first informant in different Courts. The first
informant sought safe place as she is threat of arrest and
he by taking Rs.30,000/- has given shelter in his farm
house. The first informant who reconcile with her husband
has filed a false complaint against the petitioner of taking
the property papers, gold, silver jewellery and cash. The
petitioner has not taken any gold, silver jewellery or cash.
The petitioner has only received fees. The CCTV footage of
the office of the petitioner indicates that the first
informant, her son and daughter were present on the day
of incident at 2:27:54 p.m. The alleged incident has taken
place around 3:00 p.m. on that day itself indicates that a
false complaint has been filed. The allegation made by the
first informant is barred allegation. The petitioner has
undertakes to cooperate with the Investigating Officer in
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further investigation, if any and abide by any conditions to
be imposed by this Court. The offences alleged against the
petitioner are not punishable either with death or
imprisonment for life. With these, he prayed to allow the
petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the
investigation is going on and the petitioner is required for
custodial interrogation. The statement of the victim lady
has been recorded under Section 183 of BNSS. The victim
lady has made payment of Rs.30,000/- to the petitioner by
way of UPI transfer on 22.12.2025 for stay in Honey Nest
farm house. The petitioner has taken gold, silver jewellery,
cash, property papers and aadhar card of the first
informant. If the petitioner is granted anticipatory bail, he
will hamper the investigation and tamper the prosecution
witnesses. With these, she prayed for dismissal of the
petition.
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5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. On the basis of the first information filed by the
defacto complainant, a case came to be registered against
the petitioner for offences punishable under Sections 75,
126(2) and 308(2) of BNS. It is alleged in the complaint
that the petitioner while handling the cases of the defacto
complainant has taken her property papers, gold, silver
jewellery and cash and after she conciled with her
husband, he has not returned them and committed
offences alleged. The petitioner is an Advocate stated to
have twenty three (23) years of experience. It is not in
dispute that the petitioner is handling the cases of the
defacto complainant in different Courts. Whether the
petitioner has taken the property papers, gold, silver
jewellery and cash as alleged in the complaint requires to
be investigated. The petitioner is not having any criminal
antecedents. The petitioner is ready to cooperate with the
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Investigating Officer in investigation and abide by any
conditions to be imposed by this Court. The offences
alleged against the petitioner are not punishable either
with death or imprisonment for life.
7. Considering all the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted anticipatory bail in Crime No.476/2025 of
Thalaghattapura Police Station and is ordered to be
released on bail in the event of his arrest, subject to
following conditions:
i) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
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ii) The petitioner shall cooperate with the Investigating Officer in investigation.
iii) The petitioner shall appear before the Investigating Officer whenever called for.
iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts 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
KLV List No.: 1 Sl No.: 43
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