- 1 - HC-KAR NC: 2026:KHC:27846 CRL.P No. 2451 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2451 OF 2026 (438(CR.PC) / 482(BNSS)) BETWEEN: SRI. NAGARAJ @ N NAGARAJ RAO S/O N. NARAYAN RAO AGED ABOUT 55 YEARS RESIDING AT NO.15/2, 2ND CROSS CHINNAYAN PALYA, BENGALURU SOUTH BENGALURU-560030. …PETITIONER (BY SRI. RAJANNA C., ADVOCATE) AND: STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION BENGALURU CITY, BENGALURU URBAN DISTRICT REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING BANGALORE-560001. …RESPONDENT (BY SRI.LAXMAN B, HCGP.) THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.2/2026 OF MALLESHWARAM POLICE STATION, BENGALURU CITY, BENGALURU URBAN DISTRICT, FOR THE ALLEGED OFFENCE P/US/ 316(2),3(5) OF BNS 2023 PENDING ON THE FILE OF THE III ADDL CJM, BENGALURU CITY BENGALURU URBAN DISTRICT. THIS PETITION, COMING ON FOR ORDERS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27846 CRL.P No. 2451 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused No.2 in Crime No.2/2026 registered by Malleshwaram Police Station, Bangalore, for offences punishable under Sections 316(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) is before this Court in this criminal petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and learned HCGP. 3. FIR in Crime No.2/2026 was registered by Malleshwaram Police Station for the aforesaid offences against N.Krishnan and the petitioner herein based on the first information dated 06.01.2026 received from Karigouda S Patil, who has stated in his first information that he is a retired senior citizen. - 3 - HC-KAR NC: 2026:KHC:27846 CRL.P No. 2451 of 2026 4. Apprehending arrest in the case, petitioner has filed Crl.Misc.628/2026 before the jurisdictional Sessions Court, which was rejected on 05.02.2026. Therefore, he is before this Court. 5. A reading of the first information submitted on 06.01.2026 goes to show that accused No.1, N.Krishnan, had introduced himself to the first informant that he is a KAS Officer and Director of Karnataka Milk Federation and with a promise of providing jobs in KMF, he had collected totally a sum of Rs.50,00,000/- from the first informant. 6. Undisputedly, as per the complaint averments, the aforesaid amount of Rs.50,00,000/- was paid only to accused No.1. There is no allegation in the first information that any amount was paid by the first informant to the petitioner. Therefore, it becomes doubtful whether the alleged offence under Section 316(2) of BNS 2023 would get attracted against the petitioner. - 4 - HC-KAR NC: 2026:KHC:27846 CRL.P No. 2451 of 2026 7. Further, the submission made by the learned counsel appearing for the petitioner that the petitioner has no other criminal antecedent, has not been seriously disputed by the learned HCGP. 8. In the memorandum of the criminal petition, a specific statement is made that the first informant is a retired KAS Officer. If that is so, the same is suppressed by him in his first information. The alleged offences are triable by the Court of Magistrate. The petitioner has undertaken to cooperate with the police for the purpose of investigation. 9. Under the circumstances, the following order: ORDER 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.2/2026 registered by Malleshwaram Police Station, Bangalore, for offences - 5 - HC-KAR NC: 2026:KHC:27846 CRL.P No. 2451 of 2026 punishable under Sections 316(2), 3(5) of the Bharatiya Nyaya Sanhita (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 witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DM, LIST NO.: 1 SL NO.: 41