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2026 DAILYLAW 25547 (KAR)

VANESSA MARIA ZSCHERPEL v. THE STATE OF KARNATAKA

CRL.P/6746/2026 · 2026-07-01

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32772 CRL.P No. 6746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6746 OF 2026 BETWEEN: VANESSA MARIA ZSCHERPEL D/O MOURICE ZSCHERPEL AGED ABOUT 45 YEARS R/AT NO.12, OLD KEB BUILDING HENNUR MAIN ROAD KACHARAKANAHALLI HBR LAYOUT, 1ST BLOCK 1ST STAGE, ST. THOMAS TOWN BANGALORE - 560 084. …PETITIONER (BY SRI MAHESH S.N, ADV.) AND: THE STATE OF KARNATAKA BY KADUGONDANAHALLI P.S. BANGALORE, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HER ARREST BY THE KADUGONDNAHALLI POLICE IN CRIME NO.129/2026 OFFENCE P/US/ 316(2),380(4) R/W SEC.3(5) OF BNS PENDING ON THE FILE OF THE HONBLE IV ADDL CJM BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32772 CRL.P No. 6746 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. Accused no.3 in Crime No.129/2026 registered by Kadugondanahalli Police Station, Bengaluru City, for the offences punishable under Sections 316(2), 318(4) read with 3(5) 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.129/2026 was registered by Kadugondanahalli Police Station, Bengaluru City, for the aforesaid offences against Bhanumati and two others based on the first information dated 26.03.2026 received from Cathrine Jayaraj W/o Manoharan. Apprehending arrest in the said case, petitioner herein had filed Crl. Misc. No.3641/2026 before the jurisdictional Sessions Court which was rejected on 23.04.2026. Therefore, she is before this Court. - 3 - HC-KAR NC: 2026:KHC:32772 CRL.P No. 6746 of 2026 4. In the first information which is filed on 26.03.2026, it is averred that the accused persons had leased a house premises to the first informant after collecting a sum of Rs.17 lakhs from her. It is alleged that subsequently, the first informant came to know that the accused persons had sold the said property to one Nishanth Nelson on 09.06.2023 and the property which was the subject matter of lease was mortgaged to a bank which had initiated proceedings against the borrower and steps were taken to bring the property for sale. It is under these circumstances, the first informant had approached the police on 26.03.2026. 5. It is brought to the notice of this Court that accused nos.1 & 2 who are the parents of the petitioner have appeared before the investigation officer and co-operated for the purpose of investigation. In the first information, it is stated that payment of Rs.17 lakhs had been made by the first informant to the parents of the petitioner herein. Learned Counsel for the petitioner has submitted that even the petitioner is ready and willing to co-operate with the police for the purpose of investigation. Petitioner is a lady aged about 45 years having - 4 - HC-KAR NC: 2026:KHC:32772 CRL.P No. 6746 of 2026 no other criminal circumstances. 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.129/2026 registered by Kadugondanahalli Police Station, Bengaluru City, for the offences punishable under Sections 316(2), 318(4) read with 3(5) 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 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. - 5 - HC-KAR NC: 2026:KHC:32772 CRL.P No. 6746 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK