- 1 - HC-KAR NC: 2026:KHC:34794 CRL.P No. 9881 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9881 OF 2026 BETWEEN: 1. SMT. BHANUMATHI ZCHERPEL W/O. MAURICE ZSCHERPEL AGED ABOUT 72 YEARS RESIDING AT NO.12, KEB BUILDING OLD REAR PORTION, HENNUR MAIN ROAD, 1ST BLOCK, 1ST STAGE HBR LAYOUT, KACHARAKANAHALLI ST. THOMAS TOWN BENGALURU - 560 084. 2. SRI MAURICE AXCHERPEL S/O BRUCE AXCHERPEL AGED ABOUT 71 YEARS RESIDING AT NO.12 KEB BUILDING OLD REAR PORTION HENNUR MAIN ROAD, 1ST BLOCK 1ST STAGE, HBR LAYOUT KACHARAKANAHALLI ST. THOMAS TOWN BENGALURU - 560 084. …PETITIONERS (BY SRI B.R. VISWANATH, ADV.) AND: STATE OF KARNATAKA BY KADUGONDANA HALLI POLICE STATION, K.G. HALLI SUB-DIVISION, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGSWAMY R, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34794 CRL.P No. 9881 of 2026 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.NO.129/2026 REGISTERED BY KADUGONDANAHALLI P.S. FOR THE OFFENCE P/U/S 316(2) AND 318(4) OF BNS 2023 ON THE FILE OF THE 4TH A.C.M.M BENGALURU. 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.1 and 2 in Crime No.129 of 2026 registered by Kadugondanahalli Police Station, Bangalore, for offences punishable under Sections 316(2), 318(4) R/w Section 3(5) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned HCGP on behalf of respondent - State. 3. FIR in Crime No.129 of 2026 was registered by Kadugondanahalli Police Station, Bengaluru City against the petitioner and another, based on the first information dated 26.03.2026 received from Smt.Catherine Jayaraj, wife of Manoharan. Apprehending arrest in the case, petitioners had - 3 - HC-KAR NC: 2026:KHC:34794 CRL.P No. 9881 of 2026 filed Crl.Misc.No.6143 of 2026 before the learned Sessions Judge which was rejected on 27.06.2026. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that, allegation against the accused persons in the first information is that they had leased their property to the first informant, after collecting a sum of ₹16 lakhs. Subsequently, it was found that the said property was already sold by the accused persons and the purchaser had defaulted in payment of the loan borrowed by him for purchasing the property and therefore the bank had initiated action for bringing the property for sale. 5. Learned counsel for the petitioners submits that major portion of amount which was collected from the first informant has been repaid by the petitioners, who are senior citizens. This Court in Criminal Petition No.6746 of 2026 has granted anticipatory bail to accused no.3. In the order passed in Criminal Petition No.6746 of 2026, this court has noticed that accused nos.1 and 2, who are the parents of accused no.3, had appeared before the Investigation Officer and had cooperated - 4 - HC-KAR NC: 2026:KHC:34794 CRL.P No. 9881 of 2026 for the purpose of investigation. The petitioners who are husband and wife, aged 71 and 72 years respectively having no other criminal antecedents have undertaken to cooperate with the police for the purpose of investigation. 6. 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 their arrest in Crime No.129 of 2026 registered by Kadugondanahalli Police Station, Bangalore, for offences punishable under Sections 316(2), 318(4) R/w Section 3(5) of BNS, 2023 subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer 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 investigating officer/jurisdictional Court. - 5 - HC-KAR NC: 2026:KHC:34794 CRL.P No. 9881 of 2026 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 27