[Cites 9, Cited by 0]
Karnataka High Court
Dinesha S M vs State Of Karnataka on 6 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 16839 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16839 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
1. DINESHA S.M.
SON OF MANJANNA
AGED ABOUT 41 YEARS,
2. ANANDKUMAR
SON OF CHAMAKIRAJU,
AGED ABOUT 37 YEARS,
3. BHAVYA S.M.
WIFE OF DINESHA S.M.
AGED ABOUT 26 YEARS,
PETITIONER Nos.1 TO 3 ARE R/AT
SHIKARIPURA VILLAGE,
KASABA HOBLI,
Digitally signed by
NAGAMANGLA TALUK,
LAKSHMINARAYANA
MURTHY RAJASHRI
MANDYA DISTRICT - 571 432.
Location: HIGH COURT ...PETITIONERS
OF KARNATAKA
(BY SRI. SHANKAR H.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
NAGAMANGALA RURAL POLICE STATION,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT.WAHEEDA M.M. HCGP)
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CRL.P No. 16839 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON
ANTICIPATORY BAIL IN NO.166/2025 OF NAGAMANGALA
RURAL POLICE STATION, FOR THE OFFENCES ALLEGED IN
EVENT OF ARREST UNDER SECTIONS 54, 316(2), 318(4),
126(2), 352, 351(2) READ WITH SECTION 3(5) OF THE BNS,
PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.)
AND JUDICIAL MAGISTRATE FIRST CLASS COURT,
NAGAMANGALA, MANDYA DISTRICT.
THIS PETITION COMING ON FOR FURTHER HEARING,
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 3 under
Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.166/2025 of
Nagamangala Rural Police Station registered for offences
punishable under Sections 54, 316(2), 318(4), 126(2),
352, 351(2) read with Section 3(5) of Bharatiya Nyaya
Sanhita, 2023.
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2. Heard learned counsel for petitioners and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioners would contend
that, the offences alleged against the petitioners are not
punishable either with death or imprisonment for life. The
petitioners are ready to cooperate with the Investigating
Officer in investigation. There are no criminal antecedents
of the petitioners. Accused No.3 has deposited Rs.70,000/-
which has been got transferred from the complainant to
the bank account of accused No.3. He further submits
that, petitioner No.3/accused No.3 has no objection for
releasing the said amount of Rs.70,000/- to the
complainant - Ankit Kumar. With these, he prayed to allow
the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the
investigation is in progress. The petitioners are required
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for custodial interrogation. With these, she prayed for
dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. As per averments of the complaint the accused
persons have promised to give a coin to the first informant
containing Ramalakshman stating that it is having divine
power. The first informant gave Rs.1,00,000/- by cash to
accused No.1 and transferred Rs.30,000/- plus
Rs.40,000/- to the QR code given by the accused persons.
The first informant found that the said coin given by the
accused persons does not have any divine power and
therefore, he filed a complaint against the petitioners.
Petitioner No.3/accused No.3 who stated to have received
Rs.70,000/- by way of transfer from the first informant
has now deposited the said amount before the trial Court
on 04.02.2026. Learned counsel for petitioners submits
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that, petitioner No.3/accused No.3 has no objection for
releasing the said amount of Rs.70,000/- deposited by
petitioner No.3/accused No.3 to the first informant - Ankit
Kumar. The offences alleged against petitioners are not
punishable either with the death or imprisonment for life.
The petitioners have undertaken to cooperate with
Investigating Officer in the investigation. There are no
criminal antecedents of the petitioners.
7. Considering all the above aspects, the
petitioners have made out a case for grant of anticipatory
bail with conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioners are
granted anticipatory bail in Crime No.166/2025 of
Nagamangala Rural Police Station and are ordered to be
released on bail in the event their arrest, subject to
following conditions:
i) The petitioners shall voluntarily appear
before the Investigating Officer within 15
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days from this day and execute bail bond
for a sum of Rs.1,00,000/- (Rupees One
Lakh only) each with one surety for the
like-sum to the satisfaction of the
Investigating Officer.
ii) The petitioners shall cooperate with the
Investigating Officer in investigation.
iii) The petitioners shall appear before the
Investigating Officer whenever called for.
iv) The 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 them
from disclosing such facts to the Court or to
any Police Officer or tamper with the
evidence.
v) The petitioner shall appear before the
Investigating Officer on every Sunday for a
period of one month between 10.00 a.m. to
2.00 p.m. or till the filing of the final report,
whichever is earlier.
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The trial Court shall release the said amount of
Rs.70,000/- deposited by petitioner No.3/accused No.3 to
the first informant - Ankit Kumar.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 4
