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2026 DAILYLAW 33969 (KAR)

MR. ABHISHEK NANDA, v. STATE OF KARNATAKA

CRL.P/8631/2026 · 2026-07-31

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010407442026 NC: 2026:KHC:40088 CRL.P No. 8631 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8631 OF 2026 BETWEEN: MR. ABHISHEK NANDA, AGED ABOUT 40 YEARS, S/O AAJAY KUMAR NANDA, RESIDING AT NO.201, 2ND FLOOR, MAURISHKA PARK, BLOCK C, KODIALBAIL MANGALORE, D.K.- 575 003. …PETITIONER (BY SRI. RENSPRE PRITHESH DSOUZA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH MANGALORE EAST POLICE STATION, DAKSHINA KANNADA DISTRICT. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C. (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010407442026 NC: 2026:KHC:40088 CRL.P No. 8631 of 2026 EVENT OF HIS ARREST IN CRIME NO.163/2025 BY MANGALORE EAST POLICE STATION, FOR THE OFFENSES P/U/S 316(2), 316(5), 318(2), 318(3) R/W 3(5) OF BNS, PENDING ON THE FILE OF HONBLE 6TH JMFC COURT AT 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 Accused No.1 in Crime No.163/2025 registered by Mangalore East Police Station, Mangaluru City for the offences punishable under Section 316(2), 316(5), 318(2), 318(3) 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.163/2025 was registered by Mangalore East Police Station, Mangaluru City against petitioner and 14 others for the aforesaid offences, based on the first information dated 04.12.2025 received from - 3 - HC-KAR CNR: KAHC010407442026 NC: 2026:KHC:40088 CRL.P No. 8631 of 2026 Saurabh Kumar Verma, Chief Manager and authorized Representative of State Bank of India, Mallikatte Branch, Mangalore Dakshina Kannada District. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.236/2026 before the jurisdictional Sessions Court, which was rejected on 10.04.2026. Therefore, he is before this Court. 4. In the first information dated 04.12.2025, submitted by the Chief Manager of State Bank of India, Mallikatte Branch, it is averred that the petitioner who was working as a relationship manager in the Bank, had facilitated sanction of loan totally to the tune of Rs.10,49,47,868/- to accused No.2 to 15, during the period from 27.06.2022 to 20.11.2024. Subsequently, the borrowers had defaulted in repayment of the loan and on verification it was found that the documents produced by the borrowers were not genuine. Documents submitted for borrowing the loan and the purpose for which the loan was sanctioned were not genuine. It is under these - 4 - HC-KAR CNR: KAHC010407442026 NC: 2026:KHC:40088 CRL.P No. 8631 of 2026 circumstances, the present FIR was registered against the petitioner and 14 others. 5. On similar allegations, two other FIRs were registered by the very same police in Crime No.130/2025 and Crime No.131/2025. In the said cases, the petitioner has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.241/2026, disposed of on 06.04.2026 and in Crl.Misc.No.1115/2025, disposed of on 04.12.2025. 6. Material made available to the Court by the learned counsel for the petitioner would go to show that the other accused persons, who are the alleged borrowers, have been granted anticipatory bail in the present case by the jurisdictional Sessions Court. The alleged offences are triable by the Court of the Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. Petitioner was undisputedly working as a relationship manager in a nationalized bank - 5 - HC-KAR CNR: KAHC010407442026 NC: 2026:KHC:40088 CRL.P No. 8631 of 2026 and therefore, there cannot be any apprehension of he fleeing away from justice. He has undertaken to co-operate with the police for the purpose of investigation. 7. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following : O R D E R The criminal 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 his arrest in Crime No.163/2025 registered by Mangalore East Police Station, Mangaluru City for the offences punishable under Section 316(2), 316(5), 318(2), 318(3) read with Section 3(5) of BNS, 2023, subject to the following conditions: - 6 - HC-KAR CNR: KAHC010407442026 NC: 2026:KHC:40088 CRL.P No. 8631 of 2026 a) Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall 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. b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. d) Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 61