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2026 DAILYLAW 23048 (KAR)

SRI GAGAN DEEP N v. STATE OF KARNATAKA

CRL.P/4484/2026 · 2026-06-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30570 CRL.P No. 4484 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4484 OF 2026 (438(CR.PC) / 482(BNSS)-) BETWEEN: SRI GAGAN DEEP N S/O H N NAGARAJA AGED ABOUT 30 YEARS R/O NO. 342 KRISHNAVILAS ROAD DEVARAJA MOHALLA MYSURU -570001. …PETITIONER (BY SRI. MANOJ GOWDA M L., ADVOCATE) AND: STATE OF KARNATAKA BY DEVARAJA POLICE STATION (REPRESENTED BY THE STATE PUBLIC PROSECUTOR ) HIGH COURT OF KARNATAKA BENGALURU -01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP.) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER HEREIN IN THE EVENT OF HIS ARREST IN CRIME NO 13/2025 OF DEVARAJA POLICE STATION, MYSURU DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 318(4) OF BHARATHIYA NYAYA SANHITHA, 2023 AND SECTIONS 3, 4 AND 5 OF THE PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT, 1978 PENDING ON THE FILE OF THE HON’BLE IV ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) AND JMFC COURT, MYSURU. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30570 CRL.P No. 4484 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. Petitioner is before this Court in the successive petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in Crime No.13/2025 registered by Devaraja Police Station, Mysuru, for offences punishable under Section 316(2) 318(4) of Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4, 5 of Prize Chits & Money Circulation Schemes (Banning) Act, 1978. 2. Heard learned counsel appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. 3. Perusal of the material on record would go to show that the petitioner had earlier approached this court seeking for the very same relief in Criminal Petition No.5354/2025, which was dismissed on merits by this Court on 11.07.2025. - 3 - HC-KAR NC: 2026:KHC:30570 CRL.P No. 4484 of 2026 4. In paragraph-6 of the order dated 11.07.2025 passed in Crl.P.No.5354/2025, this Court had observed as follows: “6. In the first information dated 11.03.2025, first informant, who is the victim in the present case has alleged that he had subscribed to the chits that were conducted by accused Nos.1 and 2. He has stated that accused No.1 was conducting chit for a sum of Rs.50 lakhs and accused No.2 was conducting chit for a sum of Rs.25 lakhs. In respect of the chits conducted by accused No.2, first informant had paid monthly subscriptions from 01.02.2024 to 10.01.2025 which totally amounted to Rs.8,80,750/- and the amount was transferred to the bank account of accused No.2 and also payments were made online through mobile phone no.7411191923. Learned counsel for the petitioner has not disputed receipt of the said payments and on the other hand, he has stated that petitioner and the first informant were known to each other and they had certain monetary transactions. The allegations made in the first information is that regularly subscription amounts were paid by the - 4 - HC-KAR NC: 2026:KHC:30570 CRL.P No. 4484 of 2026 first informant for a period of 12 months to the accused No.2. Therefore, it becomes difficult to believe the contention of the petitioner's counsel that amount received by accused No.2 in his bank account was towards other financial transaction and not towards payment of subscription for the chit fund. In the first information, it is alleged that accused persons have cheated many others similarly and they have been absconding. Though FIR has been registered in the month of March, 2025, accused persons have not cooperated with the police for the purpose of investigation. Learned Sessions Judge while dismissing the bail application after taking note of the report filed by the Investigation Officer has observed that accused Nos.1 and 2 have collected amount to the tune of Rs.20 crores from the public and have cheated them. Considering the nature of allegations found in the first information, I am of the opinion that custodial interrogation of accused becomes necessary. Accordingly, the petition is dismissed.” - 5 - HC-KAR NC: 2026:KHC:30570 CRL.P No. 4484 of 2026 5. Since the earlier anticipatory bail petition was rejected by this court, the second anticipatory bail petition, filed by the petitioner seeking the very same relief, cannot be entertained. 6. Under the circumstances, I am of the opinion that the prayer made in this petition is liable to be dismissed. Accordingly, the following order: ORDER Criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 62