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2026 DAILYLAW 24303 (KAR)

NAGESH v. STATE OF KARNATAKA BY

CRL.P/6722/2026 · 2026-06-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31658 CRL.P No. 6722 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6722 OF 2026 BETWEEN: NAGESH S/O LATE ANNEGOWDA AGED ABOUT 42 YEARS R/AT KAGGUNDI VILLAGE RAVANDURU HOBLI PERIYAPATNA TALUK MYSURU DISTRICT - 571 107. …PETITIONER (BY SRI MOHAMMED ZABIULLA KHAN, ADV.) AND: STATE OF KARNATAKA BY PERIYAPATNA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.95/2026 OF PERIYAPATNA POLICE STATION FOR AN ALLEGED OFFENCE P/US/ 318(4),59,210,214,316(5),343,344 OF BNS 2023 PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT PERIYAPATNA, MYSURU DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31658 CRL.P No. 6722 of 2026 ORAL ORDER 1. Petitioner, who is apprehending arrest in Crime No.95/2026 registered by Periyapatna Police Station, Mysuru District, for the offences punishable under Sections 318(4), 59, 210, 214, 316(5), 343, 344 of BNS, 2023, is 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.95/2026 was registered by Periyapatna Police Station, Mysuru District, for the aforesaid offences against the petitioner herein based on the first information dated 04.04.2026 received from Hitendra - Administrator of Milk Producers Co-operative Society at Periyapatna. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.5103/2026 before the jurisdictional Sessions Court, which was rejected on 23.04.2026. Therefore, he is before this Court. 4. In a typed first information dated 04.04.2026 submitted by the first informant, he has stated that he was appointed as - 3 - HC-KAR NC: 2026:KHC:31658 CRL.P No. 6722 of 2026 Administrator of the Milk Producers Co-operative Society, Periyapatna on 02.03.2026 by the jurisdictional Assistant Registrar of Co-operative Societies. He had issued notice to the petitioner who is the Secretary of the aforesaid Society to produce the accounts books and other documents and inspite of several notices, the petitioner has not co-operated and the documents are not produced, and on the other hand, the petitioner had informed the first informant that the documents which were summoned are old documents which were destroyed. The first informant has alleged that petitioner is intentionally refusing to produce the books of accounts and other documents relating to the affairs of the Society and he has refused to obey his orders, and thereby, he also has obstructed him from performing his duties. It is in this background, the first information has been submitted based on which FIR has been registered against the petitioner for the aforesaid offences. 5. Considering the nature of averments found in the first information, a prima facie doubt arises whether the alleged offences can be attributed against the petitioner. If the - 4 - HC-KAR NC: 2026:KHC:31658 CRL.P No. 6722 of 2026 petitioner has not produced the documents which are summoned by the Administrator, it is for the said officer to take appropriate action on the administrative side and a police complaint could not have been filed alleging that petitioner has refused to produce the documents on the ground that the same are destroyed. Petitioner has undertaken to co-operate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 6. 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.95/2026 registered by Periyapatna Police Station, Mysuru District, for the offences punishable under Sections 318(4), 59, 210, 214, 316(5), 343, 344 of 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 - 5 - HC-KAR NC: 2026:KHC:31658 CRL.P No. 6722 of 2026 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 KK