- 1 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3682 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. MANJUNATH K. S., S/O SHIVALINGE GOWDA, AGED ABOUT 43 YEARS, R/AT NO. 16/2, AZEEM RESIDENCY FLAT, NO. 101, ROSE LINE, RICHMOND TOWN, BENGALURU - 560025. …PETITIONER (BY SRI. HARISH KUMAR M.T., ADVOCATE) AND: 1. 2. STATE OF KARNATAKA BY SHOMAGADI ROAD P S, BANGALORE - 560003 REPT BY: THE STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE - 560001. DINESH SHAH C/O. NAGIL AGED 75 YEARS, NO. A-904, PURVA SUNFLOWER, MAGADI ROAD, MAGADI ROAD METRO STATION, BANGALORE-560023. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 AS PER THE ORDER DATED 04.06.2026 RESPONDENT NO.2 AMENDED. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; SRI. NISHIT KUMAR SHETTY, ADVOCATE FOR R2) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ORDER AND DIRECT THE RESPONDENT MAGADI ROAD POLICE STATION TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.286/2025 FOR AN ALLEGED OFFENCE P/U/S 318(3), 318(4) OF BNS ACT 2023 OF THE RESPONDENT MAGADI ROAD POLICE STATION, PENDING DISPOSAL OF THE ABOVE CASE, THE SAID CASE IS PENDING ON THE FILE OF THIS HONBLE XXIV ACJM, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.286/2025 registered by Magadi Road Police Station, Bengaluru for the offences punishable under Sections 318(3), 318(4) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. FIR in Crime No.286/2025 was registered by Magadi Road Police Station, Bengaluru, for the aforesaid - 3 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 offences against petitioner and another based on the first information dated 04.12.2025 filed by respondent No.2 herein who is the de-facto complainant. 3. Apprehending arrest in the said case petitioner had filed Crl.Misc.No.894/2026 before the jurisdictional Sessions Court which was rejected as against him on 03.02.2026. Therefore, he has approached this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that considering the nature of allegations found against the accused, this Court has granted interim bail to the petitioner on 23.04.2026. Petitioner has co-operated with the police for the purpose of investigation. The amount received from the first informant has been invested by the petitioner and therefore, the dispute between the parties is civil in nature. He accordingly, prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 5. Per contra, learned HCGP and learned counsel appearing for respondent No.2 who has filed a memo along with documents, have opposed the bail application. 6. Learned HCGP on instructions submits that police have submitted a report that petitioner has not co- operated with the police for the purpose of investigation and inspite of repeated notices, he has not appeared before the police after he was granted interim anticipatory bail by this court. He submits that the amount which has been admittedly received by the petitioner from the de- facto complainant has to be recovered and petitioner has not been co-operating for the said purpose. Therefore, custodial interrogation of the petitioner is required. 7. Learned counsel for respondent No.2 submits that son of the de-facto complainant who was serving in a private company had died during COVID-19. His death benefits as well as life insurance amount were deposited by the first informant with the petitioner who had assured - 5 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 high returns to him. He submits that petitioner who is working as a Financial Advisor to a bank has cheated a senior citizen who has lost his son. Accordingly, he prays to dismiss the petition. 8. In the first information which is submitted by respondent No.2 herein, he has stated that his son Mayur Shah had died during COVID-19 and his service benefits, PF money and insurance money totally amounting to Rs.1,60,00,000/- which was received in the bank account of his daughter-in-law was transferred to the petitioner who was working as a Financial Advisor in Axis Bank and had represented to the first informant that if the money is deposited in Sriram Finance the same would fetch higher interest. Accordingly, a sum of Rs.1,45,00,000/- was transferred to the account of Sriram Finance. But the petitioner had not handed over the deposit receipt or bond for having received this amount. The petitioner who had initially paid some money as interest to the second respondent had subsequently failed to pay the interest and - 6 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 also failed to pay the invested money and it is under these circumstances the first informant had approached the police. 9. This Court on 23.04.2026 had granted interim bail to the petitioner subject to certain conditions. Learned HCGP on instructions has now submitted before the Court based on the police report that petitioner has not co-operated with the police for the purpose of investigation. Along with the police report he has also furnished copy of enquiry notices issued to the petitioner and has submitted that inspite of such notices the petitioner has not appeared before the Investigation Officer and he has not co-operated for the recovery of the amount which he had received from the first informant and his widowed daughter-in-law. Though the learned counsel for the petitioner has filed an affidavit of the petitioner and has denied the submission made by learned HCGP, considering the report submitted by the - 7 - HC-KAR NC: 2026:KHC:33787 CRL.P No. 3682 of 2026 Investigation Officer, I do not find any good ground to disbelieve the said report. 10. Under these circumstances, I am of the opinion that petitioner is not entitled for the discretionary relief of anticipatory bail. 11. Accordingly, the following: ORDER The Criminal petition stands dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NS CT:TSM List No.: 1 Sl No.: 59