Citation : 2026 Latest Caselaw 1865 Kant
Judgement Date : 26 February, 2026
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NC: 2026:KHC:11907
CRL.P No. 17446 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17446 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI PAWAN KASHYAP
S/O K.S. MANJUNATHA SHARMA
AGED ABOUT 35 YEARS
R/A No.1093, "GANESH KRUPA"
MAHESHWARINAGAR
T DASARAHALLI
BANGALORE - 560 057.
...PETITIONER
(BY SRI M B RAVIKUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY S.J. PARK POLICE STATION, BENGALURU
Digitally signed by
REPRESENTED BY STATE PUBLIC PROSECUTOR
LAKSHMINARAYANA HIGH COURT BUILDING
MURTHY RAJASHRI
Location: HIGH
BENGALURU- 560 001.
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY
BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE
TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN
CR.No.142/2025 REGISTERED IN S.J PARK P.S. FOR THE OFFENCE
WHICH ARE MADE PENAL UNDER SEC.316(4) AND 318(4) OF BNS
2023 AGAINST THE ORDER DATED 15.12.2025 PASSED BY LXII
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NC: 2026:KHC:11907
CRL.P No. 17446 of 2025
HC-KAR
ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN
CRL.MISC.No.11036/2025.
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 BNSS praying to grant anticipatory bail in Crime
No.142/2025 of S.J.Park Police Station, registered for
offences under Section 316(4) and 318(4) of BNS.
2. Heard the learned counsel for petitioner and learned
Additional SPP for respondent/State.
3. Learned counsel for the petitioner would contend that
accused No.2 who is similarly placed to that of this petitioner
has been granted bail by the Sessions Court. The allegation
against the petitioner is that as he was working as Sales
Executive in the firm of first informant has collected
Rs.17,00,000/- from the customers and he has
misappropriated it. Petitioner who has collected the amount
NC: 2026:KHC:11907
HC-KAR
from the customers has used it for registration of the vehicle,
payment of insurance, premium etc. The petitioner is ready
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. The offences alleged against
the petitioner are not punishable either with death or
imprisonment for life. With this he prayed to allow the
petition.
4. Per contra, learned Additional SPP would contend
that the matter is under investigation and the petitioner is
required for custodial interrogation. Petitioner alleged to have
created documents and got registered the buses and he has
dealt with the customers directly by-passing the first
informant. With this he prayed to reject the petition.
5. Having heard the learned counsels, the Court has
perused FIR, complaint and other materials placed on record.
6. As per averments of the complaint the petitioner was
working as a Sales Executive in the firm of the first
NC: 2026:KHC:11907
HC-KAR
informant. The allegation against the petitioner is that he has
collected Rs.17,00,000/- from various customers and
misappropriated it. The offence alleged against the petitioner
is not punishable either with death or imprisonment for life.
The petitioner has undertaken to co-operate with the IO in
the investigation and abide by any conditions to be imposed
by this Court. The petitioner is not having any criminal
antecedents.
7. Considering the above aspects, the petitioner has
made out a case for grant of anticipatory bail with conditions.
In the result, in following:
ORDER
Petition is allowed. The petitioner is ordered to be
released on bail, in the event of his arrest, in Crime
No.142/2025 of S.J.Park Police Station, subject to following
conditions:
(i) Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this
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HC-KAR
day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.
(ii) Petitioner shall appear before the IO whenever called for and co-operate for investigation.
(iii) 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.
(iv) 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.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 28 Ct.sm
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