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2026 DAILYLAW 20913 (KAR)

MR. SAJEESH KRISHNAN NAIR v. STATE OF KARNATAKA BY R.T. NAGAR POLICE STATION

CRL.P/2853/2026 · 2026-06-12

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28461 CRL.P No. 2853 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2853 OF 2026 BETWEEN: MR. SAJEESH KRISHNAN NAIR, SON OF MR. SANTHANA KRISHNAN, AGED ABOUT 50 YEARS, R/AT NO.1/703, SREELAKAM, ROSE VILLAS, KALLEKKAD, PALAKKAD, PARLI-II, KERALA-678 006. …PETITIONER (BY SRI ABHILESH J,ADVOCATE) AND: STATE OF KARNATAKA BY R.T. NAGAR POLICE STATION, DINNUR MAIN ROAD, R.T. NAGAR, BENGALURU-560 036, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BANGALORE - 560001. …RESPONDENT (BY SRI LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE INSTANT ANTICIPATORY BAIL PETITION AND THEREBY RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.0347/2025 REGISTERED WITH R.T. NAGAR P.S., FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 3(5), 318(2), 352, 351(2) OF B.N.S., 2023 ON THE FILE OF THE HONBLE VIII-ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU AND ETC. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28461 CRL.P No. 2853 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 Accused No.1 in Crime No.347/2025 registered by R.T.Nagar Police Station, Bangalore City for the offence punishable under Sections 3(5), 318(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') is before this Court in this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned High Court Government Pleader on behalf of respondent-State. 3. FIR in Crime No.347/2025 was registered by R.T.Nagar Police Station, Bangalore City for the aforesaid offences against the petitioner and three others based on the first information dated 31.12.2025 received from S.Suresh son of Siddappa Nimbligere. 4. Apprehending arrest in the present case, the petitioner had filed application seeking anticipatory bail in - 3 - HC-KAR NC: 2026:KHC:28461 CRL.P No. 2853 of 2026 Criminal Misc.No.945/2026 before the jurisdictional Sessions Court which was rejected on 03.02.2026. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. He is ready and willing to co-operate with the Police for the purpose of investigation. False complaint has been filed after there was a dispute in the business transaction and accordingly prays to allow the petition. 6. Per contra, learned High Court Government Pleader opposes the bail petition and submits that the petitioner has received a sum of Rs.1 crore from the first informant and thereafter cheated him. Therefore, custodial interrogation of the petitioner is required and prays to dismiss the petition. 7. In the typed copy of the first information dated 31.12.2025, it is stated that the first informant was acquainted with the petitioner and other accused persons named in the First Information Report. In the month of December, 2024 on their representation, for business purpose he had paid them a sum of Rs.50 lakhs in cash. In the first information, it is further - 4 - HC-KAR NC: 2026:KHC:28461 CRL.P No. 2853 of 2026 stated that another Rs.50 lakhs was to be paid on 11.03.2025 through back transaction to the accused persons. However, in the first information it is not stated that the said amount of Rs.50 lakhs was transferred to the accused through bank transaction, though it is stated that totally a sum of Rs.1 crore is paid to the accused by the first informant. 8. It is not in dispute that the petitioner has no other criminal antecedents. He has undertaken to co-operate with the Police for the purpose of investigation. The amount was allegedly paid by the first informant for business purpose. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. 9. Under the circumstances, I am of the opinion that, prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. 10. Accordingly, the following: - 5 - HC-KAR NC: 2026:KHC:28461 CRL.P No. 2853 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) 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.347/2025 registered by R.T.Nagar Police Station, Bangalore City for the offence punishable under Sections 3(5), 318(2), 352, 351(2) of BNS, 2023', subject to the following conditions: 1. 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.50,000/- (Fifty Thousand only) with one surety 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 shall co-operate with the Police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2026:KHC:28461 CRL.P No. 2853 of 2026 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 41