- 1 - HC-KAR NC: 2025:KHC:20824 CRL.P No. 7606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7606 OF 2025 BETWEEN: 1. MR MANJUNATH S, SON OF SUBHASHA, AGED ABOUT 24 YEARS, BRANCH RECEIVABLE OFFICER, EQUITAS SMALL FINANCE BANK LIMITED, UPSTAIRS OF DURGA HOME NEEDS, NEAR YAMAHA SHOWROOM, NEW BRIDGE ROAD, BHADRAVATHI - 577 031. 2. MR. SHIVAGANGADHAR.L, SON OF LINGARAJU, AGED ABOUT 33 YEARS, BRANCH MANAGER, EQUITAS SMALL FINANCE BANK LIMITED, UPSTAIR OF DURGA HOME NEEDS, NEAR YAMAHA SHOWROOM, NEW BRIDGE ROAD, BHADRAVATHI - 577 031. …PETITIONERS (BY SRI. BIKKANNAVAR SHANKAR TAMMANNA., ADVOCATE) AND: STATE OF KARNATAKA BY BY HOLEHONNUR POLICE, BHADRAVATHI SUB-DIVISION, SHIVAMOGGA - 577 227. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA) …RESPONDENT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20824 CRL.P No. 7606 of 2025 (BY ASMA KAUSER., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO a) GRANT ANTICIPATORY BAIL AND DIRECT THE RELEASE OF THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST BY THE HOLEHONNUR P.S. IN CR.NO.97/2025, FOR THE OFFENCES P/U/S 352, 351(2) R/W 3(5) OF BNS, U/S 8 AND 12 OF THE KARNATAKA MICRO LOAN AND SMALL LOAN (PREVENTION OF COERCIVE ACTIONS) ORDINANCE, 2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.97/2025 registered by Holehonnur Police Station, Shivamogga District, for offences punishable under Sections 352, 351(2) read with Section 3(5) of BNS 2023 and Section 8 and 12 of the Karnataka Micro Loan and Small Loan(Prevention of Coercive Actions) Oridance 2025, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.97/2025 was registered by Holehonnur Police Station, Shivamogga District, against - 3 - HC-KAR NC: 2025:KHC:20824 CRL.P No. 7606 of 2025 petitioners herein for the aforesaid offences, based on the first information dated 02.04.2025 received from Jarinabi wife of Abdul Sattar. Apprehending arrest in the said case, petitioners herein had filed Crl.Misc.No.5104/2025 before the Jurisdictional Sessions Court which was rejected on 02.05.2025. Therefore, petitioners are before this Court. 4. Learned Counsel for the petitioners having reiterated the grounds urged in this petition has prayed to allow this petition. 5. Per contra, learned Additional SPP has opposed the petition. 6. In the first information dated 02.04.2025, it is stated that the first informant and her husband had borrowed a sum of Rs.5.00 lakhs from a finance company known as Equitas Small Finance Bank Limited, Bhadravathi and were regularly repaying the monthly installment of Rs.11,400/- towards the loan dues. It is alleged that, on 30.03.2025 at about 6:00 p.m., petitioners herein who as - 4 - HC-KAR NC: 2025:KHC:20824 CRL.P No. 7606 of 2025 employees of the aforesaid finance company came to the house of the first informant and demanded repayment of loan installment which was due. 7. It is alleged that accused persons allegedly abused the first informant and her husband using filthy language and also threatened them with dire consequences, in the event the loan installment due is not paid. It is further alleged that husband of the first informant therefore had consumed poison and immediately thereafter, he was treated in a hospital. 8. In respect of the alleged incident that had taken place on 30.03.2025, belatedly the first information was filed on 02.04.2025. The condition of the first informant's husband is said to be stable. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of ten years. - 5 - HC-KAR NC: 2025:KHC:20824 CRL.P No. 7606 of 2025 9. Undisputedly petitioners are the employees of the finance company and they do not have criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation. Therefore, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest registered by Holehonnur Police Station, Shivamogga District, for offences punishable under Sections 352, 351(2) read with Section 3(5) of BNS 2023 and Section 8 and 12 of the Karnataka Micro Loan and Small Loan(Prevention of Coercive Actions) Oridance 2025, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from - 6 - HC-KAR NC: 2025:KHC:20824 CRL.P No. 7606 of 2025 the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer; 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon; 4. The Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 2 Sl No.: 3