Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29663 CRL.P No. 11964 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11964 OF 2025 BETWEEN:
1.
SRI RAMEGOWDA S/O LATE BORRIAH AGED ABOUT 67 YEARS R/AT NO.53/7, 2ND CROSS 15TH MAIN, NANDINI LAYOUT BANGALORE - 560 096.
2.
SRI MALLIKARJUNA S/O K.SIDDALINGAIAH AGED ABOUT 54 YEARS R/AT NO.51, SY. NO.77 DODDABAILAKERE KASAGHATTAPURA HOBLI BANGALORE - 560 090. …PETITIONERS (BY SRI KUMAR DYAVAPATNA, ADV.) AND:
STATE OF KARNATAKA BY SHESHADRIPURAM P.S SHESHADRIPURAM BANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO
ORDER AND DIRECT THE RESPONDENT IN SHESHADRIPURAM POLICE IN CR.NO.23/2022 TO RELEASE THE PETITIONERS ON PRE-ARREST BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE, FOR THE OFFENCES P/U/S 409,420,465,471,472,468,120(B) R/W 34 OF IPC.
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29663 CRL.P No. 11964 of 2025
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.6 and 7 in C.C.No.45248/2025 pending before the Court of I Addl. CJM, Bengaluru arising out of Crime No.23 of 2022 registered by Seshadripuram Police Station, Bengaluru City for offences punishable under Sections 465, 468, 471, 472, 409, 420, 120(B) R/w Section 34 of IPC 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.23 of 2022 was registered by Seshadripuram Police Station, Bengaluru City for the aforesaid offences against Smt. Gulabi jan and others, based on the first information dated 23.01.2022 received from Sri Rajshekhar B.S,. Police Officer, attached to Seshadripuram Police Station, Bengaluru. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.836 of 2025 before the jurisdictional
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HC-KAR NC: 2026:KHC:29663 CRL.P No. 11964 of 2025
Sessions Court which was rejected on 24.02.2025. Therefore, they are before this Court.
4.
Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, petitioners' name is not found in the FIR. During the course of investigation, they have cooperated with the police for purpose of investigation. In the other criminal case registered with similar allegations, the Co-ordinate Bench of this Court has granted anticipatory bail to the petitioners in Crl.P.No.11999/2025. Investigation of the case is already completed. Accordingly, he prays to allow the petition.
5. per contra, learned HCGP, who has opposed the petition however does not seriously dispute the submission made by learned counsel for the petitioners.
6. Material on record would go to show that petitioners' name is not found in the FIR. It appears that during the course of investigation, enquiry notice was issued to the petitioners and they have cooperated with investigation officer
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HC-KAR NC: 2026:KHC:29663 CRL.P No. 11964 of 2025
for the purpose of investigation. Charge sheet is now filed in the present case for the aforesaid offences. The Co-ordinate Bench of this Court in Crl.P.No.11999 of 2025 disposed of on 08.04.2026 has granted anticipatory bail to the petitioners in Crime No.22/2022, wherein similar allegations are made.
7. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. Since, the petitioners have cooperated with the police for the purpose of investigation, in view of the law laid down by the Hon'ble Supreme Court in the case of SIDDHARAM SATLINGAPPA MHETRE V. STATE OF MAHARASHTRA AND ORS - 2011(1) SCC 694, the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively.
8. Accordingly, the following:-
ORDER 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
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HC-KAR NC: 2026:KHC:29663 CRL.P No. 11964 of 2025
their arrest in C.C.No.45248/2025 pending before the Court of I Addl. CJM, Bengaluru arising out of Crime No.23 of 2022 registered by Seshadripuram Police Station, Bengaluru City for offences punishable under Sections 465, 468, 471, 472, 409, 420, 120(B) R/w Section 34 of IPC, subject to the following conditions:
1. The petitioners shall appear before the jurisdictional Court in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court.
2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon.
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HC-KAR NC: 2026:KHC:29663 CRL.P No. 11964 of 2025
4. The petitioners shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 33