- 1 - HC-KAR CNR: KAHC010370142026 NC: 2026:KHC:36651 CRL.P No. 7795 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7795 OF 2026 (438(Cr.PC) / 482(BNSS)-) BETWEEN: 1. MR. BALAKRISHNA SUVARNA @ BALAKRISHNA SUVARNA YERMALA, S/O JINNAPPA POOJARY, AGED 42 YEARS, R/AT 25-4-305, JHENKAR BUILDING, KULASHEKARA, MANGALURU CITY, KARNATAKA- 575 005. 2. MR. MOHAMMED NIYAZ, S/O ABDUL RAHIMAN AMEMAR, AGED 36 YEARS, R/AT 1-292A, SBA HOUSE, NEAR S.B. HOUSE, RAMALKATTE, THUMBE, BANTWAL, MANGALURU - 574 143. 3. MR. SHEIKH ABDULLA, S/O LATE MOHAMMED, AGED 57 YEARS, R/AT 4-94 (Q)3, A.H. COLONY, BEERI, MANGALURU 575 022. …PETITIONERS (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010370142026 NC: 2026:KHC:36651 CRL.P No. 7795 of 2026 AND: 1. STATE OF KARNATAKA THROUGH MANGALURU NORTH POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI RANGASWAMY R., HCGP) THIS CRL.P. IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME No.39/2026 OF MANGALURU NORTH POLICE STATION FOR THE OFFENCES PUNISHABLE 308(5), 318(4), 336(3), 340(2), 351(2) R/W SECTION 3(5) OF BNSS, 2023 PENDING ON THE FILE OF THE HON'BLE II ADDL. SENIOR CIVIL JUDGE AND CJM, DAKSHINA KANNADA, MANGALURU. 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 to 3 in Crime No.39/2026 registered by the Mangalore North Police Station, Mangaluru City, for the offences punishable under Sections 308(5), 318(4), 336(3), 340(2), 351(2) r/w 3(5) of BNS, 2023, are before this Court in this Criminal Petition filed under Section 482 of BNSS seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010370142026 NC: 2026:KHC:36651 CRL.P No. 7795 of 2026 2. Heard learned counsel for the petitioners and learned HCGP for the respondent-State. 3. FIR in Crime No.39/2026 was registered by the Mangalore North Police Station, Mangaluru City, for the aforesaid offences against the petitioners and others based on the first information dated 12.04.2026 received from Aftab Mohammed Sharif, who is one of the victims in the present case. Apprehending arrest in the present case, petitioners had filed Criminal Misc. No.419/2026 before the Jurisdictional Sessions Court, which was rejected on 22.05.2026. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that dispute between the parties is purely civil in nature. Only after the first informant received notice in the arbitration proceedings, he has approached the police with ulterior motive. Petitioners are ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prayed to allow the petition. - 4 - HC-KAR CNR: KAHC010370142026 NC: 2026:KHC:36651 CRL.P No. 7795 of 2026 5. Per contra, learned HCGP has opposed the petition and submits the first information would reveal that the victims were not even in India as on the date of the document coming into existence. Based on the fraudulent document, accused persons have initiated legal proceedings and it is only then the first informant and other victims came to know about the fraud played by the accused persons. He submits that accused No.1 is a person with multiple criminal cases registered against him with similar allegations; custodial interrogation of the accused persons therefore becomes necessary. Accordingly, he prayed to dismiss the petition. 6. A reading of the first information would reveal that accused persons had approached the victim and his partners in the month of February 2025 on the pretext of some business deal and it appears that the parties had executed a memorandum of understanding and towards advance sale consideration sum of Rs.5 crores was allegedly paid by accused No. 1 under the cheque bearing No.075478 dated 27.02.2025 drawn on IDBI Bank. The said cheque was dishonored on 04.03.2025 and thereafter accused persons allegedly - 5 - HC-KAR CNR: KAHC010370142026 NC: 2026:KHC:36651 CRL.P No. 7795 of 2026 represented to the first informant that they were not interested in the proposed business deal. Subsequently, the accused persons had created a document wherein it is stated that the first informant and his partners had agreed to sell the property by name "DANA MALL" to the accused persons for a sum of Rs.48 crores and they had paid Rs.16 crores in cash as advance sale consideration. 7. It appears that based on the fraudulent document created by the accused persons, they had initiated some legal proceedings and it is only after notice was received, the victim and his partners came to know about the fraud committed by the accused persons. In the first information it is mentioned that the aforesaid dishonored cheque bearing No.075478 is now said to have been issued under the fraudulent document and subsequently, it is mentioned that the amount covered under the said cheque in question was received by the first informant and his partners in cash. In the fraudulent document, it is stated that the entire advance sale consideration of Rs.16 crores has been paid in cash to the first informant and his partners and therefore, this gives a serious scope for raising a - 6 - HC-KAR CNR: KAHC010370142026 NC: 2026:KHC:36651 CRL.P No. 7795 of 2026 doubt as against the alleged transaction. The material produced by learned HCGP would go to show that accused No.1 is a person with criminal antecedents and nearly a dozen criminal cases are registered against him in various police stations in Dakshina Kannada District and Udupi District with similar allegations. 7. Under the circumstances, I am of the opinion that as rightly contented by learned HCGP, custodial interrogation of the accused persons becomes very much necessary in the present case. Therefore, the prayer for grant of anticipatory bail cannot be granted. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 66