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2026 DAILYLAW 17908 (KAR)

C N VIJAYKUMAR v. STATE OF KARNATAKA

CRL.P/6890/2026 · 2026-05-14

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24757 CRL.P No. 6890 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 6890 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: C N VIJAYKUMAR S/O C.A NARASARAJU, AGED ABOUT 43 YEARS, R/AT NO. 440, KVR RESIDENCY, FLAT NO. 001, 1ST CROSS, NTI LAYOUT, 1ST PHASE, KODIGEHALLI, BENGALURU - 560 092. …PETITIONER (BY SRI. N. RAVINDRANATH KAMATH SENIOR COUNSEL FOR SRI. SOMANNA K B.,ADVOCATE) AND: STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA H.M., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONE / ACCUSED NO.2 IN THE EVENT OF HIS ARREST IN CR.NO.537/2025 REGISTERED BY JNANABHARATHI P.S. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24757 CRL.P No. 6890 of 2026 BENGALURU CITY FOR THE ALLEGED OFFENCE P/U/S 61(2),316(2),318(3),336(3),340(2),314,351(2) OF THE BNS 2023 BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Accused No.2 in Crime No.537/2025 registered by the Jnanabharathi Police Station, Kengeri Sub Division, Bengaluru City for the offence punishable under Sections 61(2), 316(2), 318(3), 336(3), 340(2), 314, 351(2) of the BNS Act, 2023 is before this Court seeking anticipatory bail. 2. A complaint came to be filed by one Sri. Paramesha alleging that he and accused No.1 had started business under the name and style of M/s Blink Commerce Pvt. Ltd., and had earned profits. That accused No.1 with an intention of defrauding the complainant had misappropriated the funds which has resulted in filing of the case in O.S.No.3994/2022. 3. Learned counsel for the petitioner submits that primary allegations of misappropriation of funds are made - 3 - HC-KAR NC: 2026:KHC:24757 CRL.P No. 6890 of 2026 against the accused No.1. Accused No.2/Petitioner herein was a Company Secretary of the company. The allegation against the petitioner is that he having facilitated misappropriation of funds to the accused No.1. He submits except this there is no allegation in the complaint. 4. Learned counsel for the petitioner further submits that Coordinate Bench of this Court has already granted bail in favour of the accused No.1 vide order dated 24.03.2026, copy of the operative portion is enclosed at Annexure-E to the petition. Hence he submits since no primary allegations are made against the petitioner and in the light of bail having been granted to accused No.1, on the ground of parity, petitioner be granted anticipatory bail. 5. Learned HCGP do not dispute granting of bail to the accused No.1 against whom the allegations in the complaint are made. 6. Heard. Perused the records. 7. Lengthy complaint narrating the incident of business and the alleged misappropriation of funds by the - 4 - HC-KAR NC: 2026:KHC:24757 CRL.P No. 6890 of 2026 accused is made. Page 7 of the complaint refers to the alleged role of the petitioner herein in facilitating the documents to be used by accused No.1. Except this there appears to be no serious allegation made against the petitioner. 8. Further the Coordinate Bench of this Court has already granted bail to accused No.1. The role of the accused No.2 the petitioner herein is alleged facilitating of the documents in accused No.1 committing the offence. Since the accused No.1 has already been granted bail, this Court on the principles of parity, considers it appropriate to grant the bail to the accused No.2/petitioner as well. 9. Accordingly, the following; ORDER i. Petition is allowed. ii. The respondent - Police are directed to release the accused No.2 -petitioner in the event of his arrest in Crime No.537/2025 registered by the Jnanabharathi Police Station, Kengeri Sub Division, Bengaluru City for the offence punishable under Sections 61(2), - 5 - HC-KAR NC: 2026:KHC:24757 CRL.P No. 6890 of 2026 316(2), 318(3), 336(3), 340(2), 314, 351(2) of the BNS Act, 2023 subject to the following conditions: (a). Accused No.2- Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum to the satisfaction of the jurisdictional Court; (b). Accused No.2- Petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and shall continue to appear as and when required by the investigation officer till filing of the final report. (c). Accused No.2- Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report. (d) Accused No.2-petitioner shall not leave the jurisdiction of the trial Court without prior permission. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 110