- 1 - HC-KAR CNR: KAHC010402902026 NC: 2026:KHC:36019 CRL.P No. 8426 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8426 OF 2026 BETWEEN: MRS. DAFNEY NEETHU D'SOUZA D/O CYRIL EUGINE D'SOUZA AGED ABOUT 37 YEARS R/AT NO.24-4-304/1, CHARLES VILLA NEAR ROTARY HEALTH CENTRE 7TH CROSS ROAD, ATTAVARA MANGALURU - 575 001. …PETITIONER (BY SRI GANAPATHI BHAT, ADV., FOR SRI ARUNA BANGERA, ADV.) AND: THE STATE OF KARNATAKA THROUGH THE POLICE SUB-INSPECTOR CYBER ECONOMIC AND NARCOTICS CRIME POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ANTICIPATORY BAIL, DIRECTING THE RESPONDENT CYBER ECONOMIC AND NARCOTICS (CEN) CRIME POLICE TO RELEASE THE PETITIONER / ACCUSED NO.6 FORTHWITH ON BAIL IN THE EVENT OF HER ARREST IN CRIME NO.40 OF 2025 OF CYBER ECONOMIC AND NARCOTICS (CEN) CRIME POLICE STATION, MANGALURU, PENDING ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM COURT, MANGALURU, REGISTERED FOR OFFENCES P/U/S 316(2), 316(5), 318(2), 318(3), 111 R/W SEC.3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 (BNS). Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010402902026 NC: 2026:KHC:36019 CRL.P No. 8426 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.6 in Crime No.40/2025 registered by CEN Crime Police Station, Mangaluru, for the offences punishable under Sections 316(2), 316(5), 318(2), 318(3), 111 read with Section 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.40/2025 was registered by CEN Crime Police Station, Mangaluru, for the aforesaid offences against Roshan Saldana and others based on the first information dated 19.07.2025 received from Rajiv Sharma S/o Shamlal Sharma. In the said case, petitioner, who is the wife of accused No.1 is arrayed as accused No.6. Apprehending arrest in the case, she had filed Crl.Misc.No.356/2026 before the jurisdictional Sessions Court, which was rejected on 11.05.2026. Therefore, she is before this Court. - 3 - HC-KAR CNR: KAHC010402902026 NC: 2026:KHC:36019 CRL.P No. 8426 of 2026 4. Learned counsel for the petitioner submits that there is no allegation that petitioner has received any amount from the first informant. The allegations are against her husband, who has been arrested and is in custody. In the other criminal cases registered against the petitioner with similar allegations, she has been granted anticipatory bail. She has a 9 year old son, who is disabled. Petitioner is also a kidney patient, having undergone kidney transplantation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition submits that petitioner along with accused No.1 has cheated many gullible people and have swindled crores of money. Accordingly, he prays to dismiss the petition. 6. A reading of the first information dated 19.07.2025 submitted by the alleged victim - Rajiv Sharma, would go to show that entire allegation is made against accused No.1, who is the husband of petitioner. There is no allegation that petitioner has received any money from the alleged victim in the present case. Learned counsel for the petitioner has made a - 4 - HC-KAR CNR: KAHC010402902026 NC: 2026:KHC:36019 CRL.P No. 8426 of 2026 submission that in the other two criminal cases registered with similar allegations wherein petitioner's husband is the main accused, she has been granted anticipatory bail. The said submission is not disputed by learned HCGP. The material on record would go to show that petitioner is a kidney patient and she has undergone kidney transplantation. She has a minor son aged about 9 months, who has 50% locomotive disability and 90% intellectual disability. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following order:- 7. 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 her arrest in Crime No.40/2025 registered by CEN Crime Police Station, Mangaluru, for the offences punishable under Sections 316(2), 316(5), 318(2), 318(3), 111 read with Section 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 - 5 - HC-KAR CNR: KAHC010402902026 NC: 2026:KHC:36019 CRL.P No. 8426 of 2026 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 witnesses and she 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 DN List No.: 1 Sl No.: 87