Citation : 2026 Latest Caselaw 727 Kant
Judgement Date : 2 February, 2026
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NC: 2026:KHC:5853
CRL.P No. 16957 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16957 OF 2025
(438(Cr.PC) / 482(BNSS))
BETWEEN:
1. SRI RANGANATHA N
S/O NANJUNDAPPA,
AGED ABOUT 31 YEARS,
R/ AT SADARLAHALLI VILLAGE,
JEELAKUNTE POST,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561228.
2. SRI N. HEMANTH KUMAR
S/O NAGARAJU,
AGED ABOUT 20 YEARS,
R/ AT VADDENAHALLI VILLAGE,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561206.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI 3. SRI PAVAN M. L
Location: HIGH
COURT OF
S/O LAKSHMINARAYANA,
KARNATAKA AGED ABOUT 23 YEARS,
R/ AT MARALURU VILLAGE,
RAMAPURA POST,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561210.
4. SRI RAJESHA
S/O LAKSHMAINARAYANAPPA,
AGED ABOUT 21 YEARS,
R/ AT GOTLAGUNTE VILLAGE,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561228.
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NC: 2026:KHC:5853
CRL.P No. 16957 of 2025
HC-KAR
5. SRI SUNIL KUMAR N. G
S/O GANGADHARAPPA,
AGED ABOUT 20 YEARS,
R/ AT NAGARAGERE VILLAGE,
NAGARAGERE HOBLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561228.
6. SRI PAVAN KALYAN M. R
S/O RAMAKRISHNAPPA. P,
AGED ABOUT 22 YEARS,
R/ AT MARALURU VILLAGE,
RAMAPURA POST,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-561210.
...PETITIONERS
(BY SRI. KEMPE GOWDA C M.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY GOWRIBIDANUR TOWN POLICE STATION,
CHIKKABALLAPURA DISTRICT.
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING COMPLEX,
HIGH COURT OF KARNATAKA,
BENGALURU- 560 001.
...RESPONDENT
(BY SRI. M R PATIL, HCGP)
CRL.P FILED UNDER SECTION 438 CR.PC (FILED U/S 482
BNNS) PRAYING TO ENLARGE HIM ON BAIL, IN THE EVENT OF
HIS ARREST IN CRIME NO.201/2025 OF GOWRIBIDANUR
TOWN POLICE STATION, GOWRIBIDANUR, UNDER SECTIONS
316 (4), 318 (4) OF BNS ACT 2023, NOW PENDING ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND
JMFC, GOWRIBIDANUR.
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NC: 2026:KHC:5853
CRL.P No. 16957 of 2025
HC-KAR
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 6 under
Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.201/2025 of
Gowribidanur Town Police Station registered for the
offences punishable under Sections 316(4), 318(4) of
Bharatiya Nyaya Sanhita, 2023.
2. Heard the learned counsel for petitioners and
learned High Court Government Pleader for
respondent/State.
3. The learned counsel for petitioner would
contend that the alleged misappropriation has taken place
on 16.06.2025 and the complaint has been filed on
30.10.2025 and there is a delay in filing the complaint.
The petitioners were not working in the finance of the
complainant as on the date of the complaint. The
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HC-KAR
petitioners are the students. They were working on part-
time basis in the finance of the complainant. The offences
alleged against the petitioners are not punishable either
with death or imprisonment for life and they are triable by
learned Magistrate. The petitioners are ready to co-
operate with the Investigating Officer in the investigation
and abide by any conditions to be imposed by this Court.
With this, he prays to allow the petition.
4. Per contra, the High Court Government Pleader
would contend that accused No.5/petitioner No.5 has been
arrested on 11.12.2025 and he is in judicial custody.
Therefore, the petition filed by him does not survive for
consideration. The petitioners have misappropriated the
funds of the complainants' finance. The petitioners are
required for custodial interrogation. If the petitioners are
granted anticipatory bail, they will hamper the
investigation and tamper the prosecution witnesses. With
this, he prayed to reject the petition.
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5. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
6. Since petitioner No. 5/accused No. 5 has been
arrested, the petition filed by him does not survive for
consideration and is accordingly dismissed as having
become infructuous.
7. The allegation against the petitioners is that
they were working in the finance of the complainant and
they have misappropriated the funds of the finance of the
complainant. The petitioner No.1 was working as Manager
and other petitioners were working as recovery boys.
Whether the petitioners have misappropriated the funds is
a matter of investigation and trial. The offences alleged
against the petitioners are not punishable either with
death or imprisonment for life. There are no criminal
antecedents of the petitioners. The petitioners are stated
to be students.
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HC-KAR
8. Considering the above aspects, the petitioners 1
to 4 and 6 have made out a case for grant of anticipatory
bail with conditions.
In the result, the following:
ORDER
i) The petition so far as petitioners 1 to 4 and 6 is
allowed.
ii) The petitioners No.1 to 4 and 6 are ordered to
be released on anticipatory bail in the event of their arrest
in Crime No.201/2026 of Gowribidanur Town Police Station
registered for the offences punishable under Sections
316(4), 318(4) of Bharatiya Nyaya Sanhita, 2023 subject
to following conditions.
a) The petitioners 1 to 4 and 6 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/-
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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 co- operate for investigation.
c) 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.
d) The petitioners shall appear before the Investigating Officer on every Sunday between 10.00 a.m. and 2.00 p.m. for a period of two months or till filing a final report whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 26
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