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2026 DAILYLAW 21555 (KAR)

SMT. HARITHA M G v. STATE OF KARNATAKA

CRL.P/4892/2026 · 2026-06-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28940 CRL.P No. 4892 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4892 OF 2026 BETWEEN: 1. SMT. HARITHA M.G W/O SRI HARISH B AGED ABOUT 25 YEARS. 2. SRI HARISH B S/O LATE BOMMANNA AGED ABOUT 33 YEARS R/AT NO159, 1ST MAIN 1ST CROSS, NEAR HARA SCHOOL SHESHADRI LAYOUT, SIDEDAHALLI NAGASANDRA POST, BENGALURU - 560 073. …PETITIONERS (BY SRI NARASIMHA MURTHY, ADV.) AND: STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION, BENGALURU DISTRICT (REP BY LEARNED STATE PUBLIC PROSECUTOR) HIGH COURT, BUILDING, BENGALURU. - 560001 …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION BY GRANTING ANTICIPATORY BAIL AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN CR.NO.56/2026, FOR THE OFFENCES P/U/S 316(1),318(2),61(2),336(3) OF BNS, 2023, PENDING BEFORE THE 4th ACMM COURT, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28940 CRL.P No. 4892 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.56/2026 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.56/2026 was registered by Konanakunte Police Station, Bengaluru, for the aforesaid offences against the petitioners herein and others, based on the first information dated 21.02.2026 received from Sri Kumaresh, authorized representative of a financing company known as 'Repco Home Finance Ltd'. Apprehending arrest in the case, petitioners had approached the jurisdictional Sessions Court in Crl.Misc.No.2294/2026 which was rejected on 18.03.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that accused Nos.1 and 2 are allegedly the borrowers of loan - 3 - HC-KAR NC: 2026:KHC:28940 CRL.P No. 4892 of 2026 from the complainant financing company. Accused Nos.3 and 4 allegedly had accompanied accused Nos.1 and 2 for the purpose of availing the loan and they had produced certain property papers before the Bank for the purpose of availing the loan for purchase of certain property. First information would reveal that the property papers, which were produced by the borrowers for availing loan was forwarded to the legal advisor of the financing company and after obtaining a legal opinion from their Advocate and also after obtaining a valuation report from the empanelled valuor, the financial company had sanctioned the loan. It appears that the borrowers have subsequently failed to repay the loan and only thereafter, the complaint is filed. This Court has granted anticipatory bail to accused nos.3 and 4 in Crl.P.No.6265/2026 by order dated 11.06.2026 and to accused No.8 in Crl.P.No.6226/2026 by order dated 01.06.2026 respectively. 5. Petitioners have undertaken to cooperate with the police for the purpose of investigation. The loan documents are in the custody of the financing company and therefore, there cannot be any apprehension that the petitioners may tamper - 4 - HC-KAR NC: 2026:KHC:28940 CRL.P No. 4892 of 2026 with the said documents. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Under the circumstances, I am of the opinion that the prayer of the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:- The criminal 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.56/2026 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: 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. - 5 - HC-KAR NC: 2026:KHC:28940 CRL.P No. 4892 of 2026 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. 5. The petitioners/accused Nos.1 and 2 are directed to appear before the Station House Officer, Konanakunte Police Station, Bengaluru, on first Sunday of every month between 10.00 a.m. and 01.00 p.m. and mark their attendance, till charge sheet is filed in the present case. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 84