- 1 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16659 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. VIJAYA KUMAR S/O SRI. SADHU POOJARY AGED ABOUT 58 YEARS RESIDING AT HOUSE NO.11-147 PITORIDI, UDYAVARA UDUPI TALUK AND DISTRICT-574 118 2. SRI. ASHOK RAO S/O SRI. RAMAKRISHNA RAO AGED ABOUT 57 YEARS RESIDING AT HOUSE NO.5/23 ”RAMGIRI NILAYA” NEAR MOODABETTU TEMPLE KATPADY POST MOODABETTU VILLAGE KAUP TALUK, UDUPI DISTRICT-574 106 …PETITIONERS (BY SRI. THANOJ KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER KAUP POLICE STATION, UDUPI DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 DR.B.R.AMBEDKAR VEEDHI BENGALURU 560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.PC (FILED UNDER SECTION 482 OF BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF BNSS (SECTION 438 OF CR.P.C AND ISSUE A DIRECTION TO THE RESPONDENT POLICE (KAUP P.S) TO RELEASE THE PETITIONERS (ACCUSED NO.7 AND 8) ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CR.NO.2/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 417,420,467,468,471,472 R/W 34 OF I.P.C PENDING ON THE FILE OF THE 2ND ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C UDUPI. 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.7 and 8 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.2/2025 of Kapu Police Station registered for offences punishable under Sections 417, 420, 467, 468, 471, 472 read with Section 34 of IPC. - 3 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for petitioners would contend that the names of petitioners have not been mentioned in the FIR and complaint. The petitioners have received notice under Section 35(3) from the Investigating Officer and therefore, they apprehends their arrest. Petitioners are Directors in Katapady Co-operative Agricultural Society. Petitioners are ready to co-operate with Investigating Officer in investigation and offences alleged against petitioners are not punishable either with death or imprisonment for life. Petitioners have deposited Rs.2,00,000/- each to the said Society. The allegation against petitioners is that they had received Rs.2,00,000/- each out of loan amount granted to accused No.1. The said deposits by petitioner Nos.1 and 2 are made on 03.02.2026. With this he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that investigation is in progress and the petitioners are required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on the record. 6. The complaint has been filed by Chief Manager, Katapady Co-operative Agricultural Society. Based on which a case has been registered in Crime No.2/2025 in Kapu Police Station. The allegation in the said complaint is that accused Nos.1 and 2 have approached the said society for sanction of loan of Rs.45,00,000/- and filed loan application. Society passed resolution sanctioning loan to the accused Nos.1 and 2 in sum of Rs.45,00,000/-. Accused Nos.3 and 4 are guarantors to the loan of accused Nos.1 and 2. Accused Nos.1 and 2 have furnished the documents i.e., sale agreement and produced registered - 5 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 sale deed and other documents. Accused Nos.1 and 2 purchased property from one Smt. Shakuntala R. Ullal and registered sale deed and memorandum of deposit of title deed dated 26.03.2024 registered with Senior Sub – Registrar, Udupi. The Society has issued cheque of the loan amount to Shakuntala in sum of Rs.45,00,000/- and it is dated 25.03.2024. Accused persons have en-cashed the said cheque. Thereafter, accused persons have paid three installments. Accused persons have failed to pay further installments, the officers of the Society found that the forged documents are furnished and the loan has been availed on furnishing forged documents and cheated the Society. The allegation against petitioners who are Directors of the said Society is that they have received Rs.2,00,000/- each from the accused persons out of the loan sanctioned. Petitioners have now deposited the said amount received by them in sum of Rs.2,00,000/- each in the Society on 03.02.2026 and in that regard receipts have been produced along with memo. What is the exact - 6 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 role of petitioners is required to be ascertained in the investigation. Petitioners have undertaken to co-operate with Investigating Officer in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of petitioners. Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners –accused Nos.7 and 8 are ordered to be released on bail in the event of their arrest in Crime No.2/2025 of Kapu Police Station subject to following conditions: a) Petitioners –accused Nos.7 and 8 shall voluntarily appear before the Investigating Officer within 15 days from this day and executed bail bond for a sum of - 7 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. b) Petitioners –accused Nos.7 and 8 shall appear before the Investigating Officer whenever called for and cooperate for investigation. c) Petitioners –accused Nos.7 and 8 shall appear before the Investigating Officer on every Sunday between 10 a.m. and 02 p.m. for a period of one month or till filing of the final report whichever is earlier. d) Petitioners –accused Nos.7 and 8 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court - 8 - HC-KAR NC: 2026:KHC:8984 CRL.P No. 16659 of 2025 or police officer or tamper with the evidence. e) In case of filing of the charge sheet, Petitioners –accused Nos.7 and 8 shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 40