- 1 - HC-KAR NC: 2025:KHC:24818 CRL.P No. 8610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8610 OF 2025 BETWEEN: MR. MUBSHAR HUSSAIN S/O MR. RAGHIB HUSAIN AGED ABOUT 21 YEARS PRESENTLY R/O NO.111-B ADITHYA GREENS APARTMENT BALAJI LAYOUT, DASARAHALLI HEBBALA, NEAR SLS SYMPHONI BENGALURU - 560 024, PERMENTLY R/O OFFICE COLONY, MIRCHAI KATIHAR BIHAR - 854 105, PERMNENT ADDRESS SHOWN BEFORE THE SESSIONS COURT 2ND MILE CHECKPOST B-11 MILESTONE BUILDING, SEVOK SILIGURU GROUP WEST BENGAL - 734 001. …PETITIONER (BY SRI BHARATH KUMAR V, ADV.) AND: STATE OF KARNATAKA THROUGH STATION HOUSE OFFICE SADASHIVANAGARA POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH OF KARNATAKA AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER HEREIN ON BAIL IN THE EVENT OF ARREST IN RESPECT OF FIR BEARING NO.264/2024 REGISTERED WITH THE RESPONDENT SADASHIVANAGAR P.S., FOR THE OFFENCES P/U/S 318(4) OF THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24818 CRL.P No. 8610 of 2025 BNS, PENDING ON THE FILE OF 1st ACMM COURT, NRUPATUNGA ROAD. 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.264/2024 registered by Sadashivanagar Police Station, Bengaluru City, for the offence punishable under Section 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.264/2024 was registered by Sadashivanagar Police Station, Bengaluru City, for the aforesaid offence against the petitioner based on the first information dated 30.11.2024 received from Harsh Kumar S/o Santosh Kumar Singh. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.3776/2025 which was rejected on 16.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:24818 CRL.P No. 8610 of 2025 4. Learned counsel for the petitioner submits that petitioner is pursuing his engineering degree course in Bengaluru. The allegation against the petitioner is that he had received money from the first informant for the purpose of securing him a engineering seat. He submits that petitioner is willing to repay the amount received from the first informant and to show his bonafides, petitioner has already paid a sum of Rs.1 lakh to the account of the first informant. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. In the first information, it is stated that first informant is studying his III Year engineering degree course in M. S. Ramaiah Institute of Technology, Benglauru and in the year 2022, he had contacted the petitioner for the purpose of providing him an engineering seat in Computer Science at M. S. Ramaiah Institute of Technology and for the said purpose, he had totally paid a sum of Rs.10 lakhs. Subsequently, first informant got admitted to engineering course in Industrial Engineering and Management though he was assured by the petitioner of admission to engineering course in Computer - 4 - HC-KAR NC: 2025:KHC:24818 CRL.P No. 8610 of 2025 Science subject. The allegation in the first information is that though petitioner had assured first informant that he would repay the amount collected by him with an assurance of providing him engineering seat in Computer Science subject, he has failed to repay the same. It is in this background, first informant had approached the police. 7. Petitioner is a student pursuing his engineering degree course in the very same College. He has no other criminal antecedents. The alleged offence is triable by the Court of Magistrate and the maximum punishment for the alleged offence is imprisonment for a period of seven years. Considering the nature of allegations found in the first information, custodial interrogation of the petitioner is not required. It is brought to the notice of this Court that petitioner has already repaid a sum of Rs.1 lakh to the first informant and submission is also made by learned counsel for the petitioner that petitioner is ready and willing to repay the balance amount. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant - 5 - HC-KAR NC: 2025:KHC:24818 CRL.P No. 8610 of 2025 of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.264/2024 registered by Sadashivanagar Police Station, Bengaluru City, for the offence punishable under Section 318(4) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:24818 CRL.P No. 8610 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN