- 1 - HC-KAR NC: 2026:KHC:27303 CRL.P No. 6358 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6358 OF 2026 BETWEEN: 1. MR. ANISH K S/O K. THAMBAI AGED ABOUT 42 YEARS R/AT NO.202, SAI BHAVAN MANOR 7TH STREET, BANK AVENUE LAYOUT BABUSABAPALYA, BANGALORE - 560 043. 2. SMT. SHIBINA K.K W/O ANISH K AGED ABOUT 42 YEARS R/AT NO.202, SAI BHAVAN MANOR 7TH STREET, BANK AVENUE LAYOUT BABUSABAPALYA, BANGALORE - 560 62. …PETITIONERS (BY SRI SHARATH KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY THE KONANAKUNTE POLICE STATION, BANGALORE - 560 062 REPRESESNTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT THE PETITIONER ANTICTIPATORY BAIL IN THE EVENT OF ARREST IN FIR FILED BY THE RESPONDENT POLICE IN CRIME NO.55/2026 U/S.316(1),318(2),61(2),336(3) OF BNS ACT 2023 THE HONBLE LVIII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-59) IN CRL.MISC.NO.3176/2026. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27303 CRL.P No. 6358 of 2026 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 Nos.1 and 2 in Crime No.55/2026 registered by Konanakunte Police Station, Bengaluru, for the offences punishable under Sections 316(1), 318(2), 61(2) and 336(3) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.55/2026 was registered by Konanakunte Police Station, Bengaluru City, for the aforesaid offences against the petitioners and others based on the first information dated 20.02.2026 received from Kumaresh, who is the authorized representative of a financing company known as Repco Home Finance Ltd. Apprehending arrest in the present case, petitioners had filed Crl.Misc.No.3176/2026, which was rejected by the jurisdictional Sessions Court on 15.04.2026. Therefore, they are before this Court. - 3 - HC-KAR NC: 2026:KHC:27303 CRL.P No. 6358 of 2026 4. Petitioners are husband and wife. It appears that they had availed financial assistance from the complainant financing company in the year 2023, for the purpose and purchase of a plot. The allegation against accused in first information is that the documents of the property, which was mortgaged as a security for the loan borrowed were all concocted documents. 5. A reading of the averments found in the first information would go to show that the documents which were submitted by the petitioners for availing loan of Rs.45 lakhs from the complainant financing company, were forwarded by the company to their panel advocate Mr. Shashidhar, who is also arraigned as accused No.7 in the present case. The company also had availed a valuation report from its empanelled valuator, Anil Kumar, who is also now arraigned as accused No.8 in the present case. Thereafter, the Branch Manager - Basavaraj, who is also arraigned as accused No.9 in the present case has sanctioned the loan. From the aforesaid, it is apparent that it is only after verification of the documents submitted by the borrowers, loan was sanctioned. Accused No.9 - Basavaraj has been granted anticipatory bail by this - 4 - HC-KAR NC: 2026:KHC:27303 CRL.P No. 6358 of 2026 Court in Crl.P.No.6208/2026. It is not in dispute that petitioners have no other criminal antecedents. They have undertaken to co-operate with the police for the purpose of investigation. The documents which are pledged by the petitioners are all in the custody of the Bank. Therefore, there cannot be any apprehension that they may tamper with the said documents. The maximum punishment for the alleged offences is imprisonment for a period of seven years and they are all triable by the Court of Magistrate. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:- 6. The 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 in Crime No.55/2026 registered by Konanakunte Police Station, Bengaluru, for the offences punishable under Sections 316(1), 318(2), 61(2) and 336(3) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:27303 CRL.P No. 6358 of 2026 1. The Petitioners/accused Nos.1 and 2 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners/accused Nos.1 and 2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners/accused Nos.1 and 2 shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners/accused Nos.1 and 2 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 74