Citation : 2026 Latest Caselaw 1669 Kant
Judgement Date : 23 February, 2026
-1-
NC: 2026:KHC:10965
CRL.P No. 17121 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17121 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
YASHVANTH. S. B.
S/O S B RAJU,
AGED ABOUT 38 YEARS
R/AT SAVALANGA,
SHIVAMOGGA-577201.
...PETITIONER
(BY SRI UMESH MOOLIMANI, ADVOCATE FOR
SRI. S V PRAKASH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
SHO, NYAMATHI PS POLICE
STATION, BENGALURU
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
Digitally signed by HIGH COURT OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BENGALURU-560 001.
Location: HIGH
COURT OF
KARNATAKA 2. S B RAJU
S/O LATE SIDDAPPAAPPA
AGED ABOUT 69 YEARS
SAVALANGA VILLAGE, 576 117
NYAMATHI TALUK AND DISTRICT
DAVANAGERE.
(DELETED VIDE ORDER DTD. 18.12.2025)
...RESPONDENTS
(BY SMT. WAHEEDA M.M, HCGP FOR R-1;
SRI.NISHANTH.S.K., ADVOCATE)
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NC: 2026:KHC:10965
CRL.P No. 17121 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482
BNSS) PRAYING TO ORDER THE ANTICIPATORY BAIL AND
DIRECT THE INVESTIGATION OFFICER TO ENLARGE THE
PETITIONER / ACCUSED ON BAIL IN CONNECTION WITH
NYAMATHI POLICE STATION, CR.NO.312/2025 AND PENDING
BEFORE THE LRD. ADDL. CIVIL JUDGE AND JMFC, HONNALI,
REGISTERED FOR THE O/P/US 318(4), 316(2) OF BNS 2023,
AGAINST THE PETITIONER, IN CASE OF ARREST.
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 the sole accused under
Section 482 of BNSS praying to grant anticipatory bail in
Crime No.312/2025 of Nyamathi Police Station, registered
for offences under Section 318(4), 316(2) of BNS.
2. Heard the learned counsel for the petitioner and
learned HCGP for respondent/State.
3. Learned counsel for the petitioner would contend
that the business of Shree Marula Siddeswara Trading
Company is a proprietary concern and it is in the name of
the father of this petitioner. The father of the petitioner is
authorized signatory to make payments and sign cheques.
NC: 2026:KHC:10965
HC-KAR
The firm has filed income tax returns every year. There is
no any allegation in the said income tax returns. The
offences alleged against the petitioner are not punishable
either with death or imprisonment for life. The petitioner is
ready to co-operate with the IO in the investigation and
abide by any conditions to be imposed by this Court. There
are no criminal antecedents of the petitioner. With this, he
prayed to allow the petition.
4. Per contra, learned HCGP would contend that the
petitioner has misappropriated the funds of the Proprietary
concern of the first informant. The petitioner has taken the
key of the firm and car etc. The petitioner is required for
custodial interrogation. With this she prayed to reject the
petition.
5. Having heard the learned counsels, the Court has
perused the FIR, complaint and other material placed on
record.
NC: 2026:KHC:10965
HC-KAR
6. On perusal of the averments of the complaint, it
indicates that the first informant is the Proprietor of Shree
Marula Siddeswara Trading Company and it was run by the
first informant. The petitioner is the son of the first
informant. The first informant alleged to have left the
management of the firm standing in his name to the
petitioner. It is alleged that the petitioner has caused loss
and misappropriated the funds of the firm. The offences
alleged against the petitioner are not punishable either
with death or imprisonment for life. The petitioner has
undertaken to co-operate with IO in the investigation and
abide by any conditions to be imposed by this Court. There
are no criminal antecedents of the petitioner.
7. Considering the above aspects, the petitioner has
made out case for grant of anticipatory bail with
conditions. In the result, the following:
ORDER
Petition is allowed. The petitioner is ordered to be
released on bail, in the event of his arrest, in Crime
NC: 2026:KHC:10965
HC-KAR
No.312/2025 of Nyamathi Police Station, subject to the
following conditions:
(i) Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of IO.
(ii) Petitioner shall appear before the IO and co-operate for investigation.
(iii) Petitioner shall appear before the Investigating Officer on every Sunday between 10.00 a.m. and 02.00 p.m. for a period of one month or till filing of the final report whichever is earlier.
(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.
NC: 2026:KHC:10965
HC-KAR
(v) In case of filing of the charge sheet, the petitioner shall appear before the jurisdictional Court and co-operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 32
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