- 1 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4861 OF 2026 BETWEEN: 1. VIJAY KUMAR PATIL S/O LATE. SOMANATH, AGED ABOUT 39 YEARS RESIDING AT NO.33, 4TH MAIN ROAD, CHAMUNDESHWARI LAYOUT, VIDYARANYAPURA, BENGALURU. 2. AREM UDHAIRAJ, S/O A.M. BALASUNDARAM, AGED ABOUT 42 YEARS, RESIDING AT NO. 303, 3RD FLOOR, A BLOCK, DS MAX SILDER, NEST APARTMENT, BEST COUNTRY-2, CHIKKABETTAHALLI, BENGALURU. …PETITIONERS (BY SRI. VENKAT RAJU V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 BANGALORE - 560 001. 2. SMT. KOMALA C., W/O PRASHANTH KULUGUNA SRIRANGARAJU AGED ABOUT 37 YEARS #1196, 6TH MAIN, A BLOCK 2ND STAGE, RAJAJINAGAR BENGALURU - 560 010. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. V. MAHESHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.75/2026 REGISTERED BY VIDYARANYAPURA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(5), 316(2), 318(4), 75 AND 351(2) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE LEARNED IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE, 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 Accused Nos.1 and 2 in Crime No.75/2026 registered by Vidyaranyapura Police Station, Bengaluru City for the offences punishable under Section 3(5), 316(2), 318(4), 75 and 351(2) of BNS, 2023, is before this Court, in this - 3 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 petition under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.75/2026 was registered by Vidyaranyapura Police Station, Bengaluru City for the aforesaid offences against petitioners herein, based on the first information dated 16.02.2026 received from the respondent No.2, who is the alleged victim in the present case. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.2292/2026 before the jurisdictional Sessions Court, which was rejected on 09.03.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners and the alleged victim are working in the same office. After the financial transaction between the parties had gone wrong, she has filed a false complaint making baseless allegations. Petitioners do not have any - 4 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 criminal antecedents. They are ready and willing to co-operate with the police for the purpose of investigation. 5. Per contra, learned High Court Government Pleader for respondent No.1 and learned counsel appearing for respondent No.2 have opposed the bail application. 6. Learned counsel for respondent No.2 submits that the huge amount, totally amounting to Rs.96,00,000/- was borrowed in the name of respondent No.2 by accused No.1 and the said amount was subsequently transferred to the bank account of accused No.2. He submits that in addition to the same, the gold jewelry of respondent No.2 totally weighing about 100 grams was also taken by the accused persons. Accused No.1 had induced respondent No.2 by threatening her that her employment was at stake. Accordingly, she prays to dismiss the petition. - 5 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 7. Perusal of the typed first information dated 16.02.2026 would go to show that accused No.1 and the first informant are employed in the same company. In the first information, it is stated that accused No.1 had represented to the first informant that her employment was at stake and she was in the layoff list and to save her job, he had demanded money from her. She has further alleged that he had induced her to borrow money for the said purpose and had totally paid a sum of Rs.96,00.000/- to him on various dates. She has also alleged that the loan amount borrowed by her was subsequently transferred to the account of accused No.2 at the instance of accused No.1. She has further alleged that even her credit cards were misused by accused No.1, her gold jewelry was sold at Malabar Gold and Diamonds, Bengaluru and the amount was misappropriated by the accused persons. 8. Learned counsel for the petitioners during the course of argument has produced a loan agreement along with the memo. The said loan agreement dated - 6 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 06.11.2025 is signed by respondent No.2 as party No.2 to the said agreement. 9. In the said agreement, it is clearly mentioned that the loan is borrowed for the purpose of business. Accused No.2 is the borrower under the said loan agreement whereas the accused No.1 and respondent No.2 along with three others are lenders. In the first information itself, it is mentioned that the accused persons have also promoted a financial investment company. Therefore, it prima facie appears that there was a business transaction between the parties and the loan amount borrowed in the name of the first informant was lent to accused No.2. 10. It is not in dispute that the petitioners herein do not have any criminal antecedents. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. Merely for the reason that the financial transaction - 7 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 between the parties has gone wrong, criminality cannot be brought into such transactions. Petitioners have undertaken to co-operate with the police for the purpose of investigation. 11. Under these circumstances, the prayer made by the petitioners for grant of anticipatory bail needs to be granted, subject to appropriate conditions. Accordingly, the following: O R D E R (i) 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.75/2026 registered by Vidyaranyapura Police Station, Bengaluru City for the offences punishable under Section 3(5), 316(2), 318(4), 75 and 351(2) of BNS, 2023, subject to the following conditions: a) The petitioners shall appear before the Investigating Officer within 15 days from the - 8 - HC-KAR CNR: KAHC010222402026 NC: 2026:KHC:36095 CRL.P No. 4861 of 2026 date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM, List No.: 1 Sl No.: 41