- 1 - HC-KAR NC: 2025:KHC:21066 CRL.P No. 7964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7964 OF 2025 BETWEEN: SHRI VINESH S @ VINESH SUBRAMANIAM S/O SUBRAHMANIAM AGED ABOUT 35 YEARS PROPRIETOR, M/S. SUBRAMANIA INDUSTRIES, T.C. 39/1451, ARYA NAGAR, ARYASALA, MANACAUD P.O. THIRUVANANTHAPURAM DISTRICT KERALA STATE, PIN CODE - 695 009. …PETITIONER (BY SRI ROHAN S, ADV.) AND: STATE OF KARNATAKA BY PULAKESHI NAGAR POLICE STATION, BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT/POLICE INSPECTOR PULAKESHI NAGAR POLICE STATION TO RELEASE THE PETITIONER/ACCUSED ON BAIL, IN THE EVENT OF HIS ARREST IN CR.NO.92/2025 DATED 19.03.2025 REGISTERED BY THE RESPONDENT/PULAKESHI NAGAR POLICE STATION FOR THE OFFENCE P/US/ 316(2) AND 318(4) OF BNS 2023 NOW PENDING BEFORE 4tH ACMM, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21066 CRL.P No. 7964 of 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 1. Accused in Crime No.92/2025 registered by Pulakeshinagar Police Station, Bengaluru City, for the offences punishable under Sections 316(2), 318(4) of BNS, 2023, is 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.92/2025 was registered by Pulakeshinagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 19.03.2025 received from Santhosh Kumar.G., S/o late M.Ganeshan. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.2863/2025 before the jurisdictional Sessions Court which was rejected on 03.05.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the dispute between the parties is purely civil in nature. By making - 3 - HC-KAR NC: 2025:KHC:21066 CRL.P No. 7964 of 2025 false allegations, criminal case has been registered against the petitioner with an intention to coerce and harass him and petitioner has no criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. The alleged offences are triable by the court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP has opposed the petition. She submits that petitioner is a person with criminal antecedents and in a similar case, his anticipatory bail application was rejected by the High Court of Kerala and as against the said order, he had approached the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.2117/2025 and while dismissing the said petition, the Hon'ble Supreme Court had granted two weeks time to the petitioner to surrender and file necessary application seeking regular bail. However, till date, petitioner has not surrendered in the said case and he has been absconding as on this date. Accordingly, she prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:21066 CRL.P No. 7964 of 2025 6. In the first information dated 19.03.2025 submitted by Santhosh Kumar.G., General Manager of a partnership firm known as Shilton Hospitality LLP, it is alleged that petitioner who had accepted payments from the partnership firm for supply of 400 KVA Diesel Generator, had failed to supply the diesel generator, and thereby he had caused severe financial loss to the company. It is also alleged that petitioner has no intention to fulfill the contract and it is under these circumstances, the first informant had approached the police. 7. Though the contents of the first information would prima facie go to show that the dispute between the parties is civil in nature, it is brought to the notice of this Court that petitioner is a person with criminal antecedents and he has cheated several others in similar manner. It is also brought to the notice of this Court that petitioner had approached the High Court of Kerala in BA.No.10942/2023 seeking anticipatory bail which was rejected on 21.10.2024. As against the said order, petitioner had approached the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.2117/2025 which was rejected on 17.02.2025. However, at the request of the learned Counsel for the - 5 - HC-KAR NC: 2025:KHC:21066 CRL.P No. 7964 of 2025 petitioner, two weeks time was granted by the Hon'ble Supreme Court to the petitioner to surrender and if petitioner surrenders within time, his bail application was directed to be considered on merits, expeditiously. It is brought to the notice of this Court that petitioner has not surrendered pursuant to the liberty granted by the Hon'ble Supreme Court, till date. 8. Though learned Counsel for the petitioner has submitted that subsequently the order passed by the Hon'ble Supreme Court has been reviewed, he has failed to produce any material before this Court in support of the said contention of his. On the other hand, learned Addl. SPP has submitted that petitioner has now moved the High Court of Kerala with a prayer to quash the entire proceedings against him in the said case. 9. Be that as it may, the fact remains that petitioner is a person with criminal antecedents and the material placed on record would go to show that he has no respect or regard to law. Though the Hon'ble Supreme Court had granted liberty to the petitioner to surrender in another criminal case registered against him in Kerala State, till date he has not surrendered, and on the other hand, a submission is now made that - 6 - HC-KAR NC: 2025:KHC:21066 CRL.P No. 7964 of 2025 petitioner has filed a petition before the High Court of Kerala for quashing of the said proceedings. Under the circumstances, I am of the opinion that the discretionary relief of anticipatory bail cannot be extended to the petitioner. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK