Citation : 2026 Latest Caselaw 1930 Kant
Judgement Date : 27 February, 2026
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NC: 2026:KHC:12186
CRL.P No. 768 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 768 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. RAVIKUMAR M D
AGED ABOUT 52 YEARS
SON OF DWARAKANATH
CURRENTLY RESIDING AT
No. 796, FIRST FLOOR, 36TH A CROSS
18TH MAIN, JAYANAGAR, 4TH T BLOCK
BENGALURU - 560 041.
2. ABHISHEK EMMANUEL T.,
SON OF KISHORE BABU TADIKONDA
AGED ABOUT 42 YEARS
CURRENTLY RESIDING AT FLAT
No. F-1401
Digitally signed by
MANTRI TRANQUIL APARTMENT
LAKSHMINARAYANA KANAKAPURA ROAD, GUBBALALA
MURTHY RAJASHRI
BENGALURU - 560 061.
Location: HIGH
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI. ASHWIN RADHAKRISHNAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BAGALAGUNTE POLICE STATION
BENGALURU
REPRESENTED BY
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NC: 2026:KHC:12186
CRL.P No. 768 of 2026
HC-KAR
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI M R PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (FILED
UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON ANTICIPATORY BAIL UNDER SECTION 482 OF
THE BNS 2023 IN THE EVENT OF THEIR ARREST IN FIR IN
CRIME No.466/2025 FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 316(1),318,351(3),351(1),351(2),318(4) OF BNS
2023 REGISTERED BY THE BAGALAGUNTE POLICE STATION.
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 and 2 under
Section 482 of BNSS praying to grant anticipatory bail in
Crime No.466/2025 of Bagalagunte Police Station,
registered for offences under Sections 316(1), 318,
351(3), 351(1), 351(2) and 318(4) of BNS, 2023.
2. Heard the learned counsel for the petitioners and
learned HCGP for respondent/State.
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HC-KAR
3. Learned counsel for the petitioners would contend
that there was MOU between petitioners and the
complainant dated 20.08.2020 under which the
complainant has invested Rs.1 Crore in the company of
the petitioners. It is alleged that the said amount is not
paid and cheque has been issued. The said cheque has
been dishonoured and case under Section 138 of the
N.I.Act has been filed against the petitioners and it is
pending consideration. After lapse of 2 years of dishonour
of cheque, the petitioners with similar allegations has filed
PCR No.14131/2024. The amount paid by the complainant
to the petitioners is subjudice in the cheque dishonour
case. The petitioners are ready to co-operate with the IO
in the investigation and abide by any terms and 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.
NC: 2026:KHC:12186
HC-KAR
4. Per contra, learned HCGP would contend that
under MOU the petitioners have received Rs.1 Crore from
the complainant agreeing to repay the same. The
petitioners have issued a cheque for repaying the said
amount and the said cheque came to be dishonored. The
petitioners have cheated the complainant. The petitioners
are required for custodial interrogation. With this, he
prayed to reject the petition.
5. Having heard the learned counsels, the Court has
perused the complaint and other materials placed on
record.
6. The complainant has filed a PCR No.14131/2024
against the petitioners. The said complaint came to be
referred to police for investigation. The police registered
Crime No.466/2025 based on the said private complaint in
Bagalgunte Police Station for the aforesaid offences. The
averments of the said complaint indicate that the
complainant has invested Rs.1 Crore in the company of
the petitioners under MOU dated 02.08.2020. It is alleged
NC: 2026:KHC:12186
HC-KAR
that the petitioners have not repaid the said amount and
cheated the complainant. The complainant had already
filed proceedings for offence under Section 138 of the
N.I.Act, as the cheque issued by the petitioners has been
dishonoured and it is stated to be pending at final stage.
Considering the averments of the present complaint, at
this stage, it can be said that the dispute between
petitioners and the complainant is of civil nature. The
petitioners have undertaken to co-operate with the police
in the investigation and abide by any conditions to be
imposed by this Court. There are no criminal antecedents
of the petitioners. The offences alleged against the
petitioners are not punishable either with death or
imprisonment for life.
7. Considering the above aspects, the petitioners
have made out case for grant of anticipatory bail with
conditions. In the result, the following:
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HC-KAR
ORDER
The petition is allowed. The petitioners are ordered to
be released on bail, in the event of their arrest, in Crime
No.466/2025 of Bagalagunte Police Station, subject to
following conditions:
(i) Petitioners 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/- each, with one surety for the
like sum to the satisfaction of the IO.
(ii) Petitioners shall appear before the IO
whenever called for and co-operate for
investigation.
(iii) Petitioners 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.
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(iv) Petitioners shall appear before the IO on 1st
and 03rd Sunday of every Month for a period
of one month between 10.00 a.m. and 02.00
p.m. or till filing of final report, whichever is
earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 27 Ct.sm
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