- 1 - HC-KAR CNR: KAHC010448642026 NC: 2026:KHC:42706 CRL.P No. 9552 of 2026 C/W CRL.P No. 9629 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.9552 OF 2026 C/W CRIMINAL PETITION NO.9629 OF 2026 IN CRL.P No.9552/2026 BETWEEN: 1. MRS. GHAZAL KOUSAR KHUSHNUD KHAN W/O KHUSHNUD KHAN S/O SADRUDDIN AGED ABOUT 42 YEARS R/AT ESPERENZA G, 903 WHITE FIELD, THUBRAHALLI EXTENSION ROAD, BENGALURU KARNATAKA - 560066. …PETITIONER (BY SRI. MAHESH .S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION BENGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010448642026 NC: 2026:KHC:42706 CRL.P No. 9552 of 2026 C/W CRL.P No. 9629 of 2026 THIS CRL.P FILED U/SEC.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO PASS NECESSARY ORDERS AND DIRECTIONS, THEREBY RELEASING THE PETITIONER ON ANTICIPATORY BAIL IN THE PRESENT MATTER RELATING TO FIR IN CRIME NO.476/2024 REGISTERED AT HSR LAYOUT POLICE STATION, BENGALURU U/S.316(2), 318(4) R/W SEC.3(5) OF BNS 2023 PENDING ON THE FILE OF THE 39th ACMM, BENGALURU AND FURTHER DIRECT THE CONCERNED M.M./S.H.O/I.O OF THIS CASE BE KINDLY DIRECTED TO RELEASE THE PETITIONER IN THE EVENT OF ARREST IN THE INTEREST OF JUSTICE. IN CRL.P NO. 9629/2026 BETWEEN: 1. MR. KHUSHNUD KHAN S/O SH. SADRUDDIN AGED ABOUT 44 YEARS R/AT ESPERENZA .G 903, WHITE FIELD, THUBRAHALLI EXTENSION ROAD, BENGALURU KARNATAKA - 560066. ...PETITIONER (BY SRI. MAHESH .S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION, BENGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. ...RESPONDENT (BY SRI. RANGASWAMY .R, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS NECESSARY ORDERS AND DIRECTIONS, - 3 - HC-KAR CNR: KAHC010448642026 NC: 2026:KHC:42706 CRL.P No. 9552 of 2026 C/W CRL.P No. 9629 of 2026 THEREBY RELEASING THE PETITIONER ON ANTICIPATORY BAIL IN THE PRESENT MATTER RELATING TO FIR IN CR.NO.476/2024 REGISTERED BY HSR LAYOUT P.S., BENGALURU, FOR THE OFFENCES P/U/S 316(2), 318(4) R/W 3(5) OF BNS, 2023, VIDE ANNEXURE-A, PENDING BEFORE THE 39th ACMM, BENGALURU AND FURTHER DIRECT THE CONCERNED M.M./S.H.O./I.O. OF THIS CASE BE KINDLY DIRECTED TO RELEASE THE PETITIONER IN THE EVENT OF ARREST. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The petitioners, who are apprehending arrest in Crime No.476/2024 registered by HSR Layout Police Station for the offences punishable under Sections 316(2), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court in these two petitions filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.476/2024 was registered by HSR Layout Police Station for the aforesaid offences against Khushnud Khan and others based on the first information dated 14.12.2024 received from Manish Bhardwaj, Director of the - 4 - HC-KAR CNR: KAHC010448642026 NC: 2026:KHC:42706 CRL.P No. 9552 of 2026 C/W CRL.P No. 9629 of 2026 Company known as M/s.Foxsky Electronics India Pvt Ltd., Apprehending their arrest in the said case, the petitioners herein had filed Crl.Misc.Nos.5723 & 5724 of 2026 before the jurisdictional Sessions Court, which was rejected on 24.06.2026 and therefore, they are before this Court. 4. Perusal of the averments found in the first information that was submitted by Manish Bhardwaj, Director of M/s.Foxsky Electronics India Pvt Ltd., would indicate that the said company was engaged in the business of manufacturing and supplying electronic appliances including Ultra HD Smart TV etc., During the course of its business, the company had entered into a Distribution Agreement dated 31.01.2022 with the company known as M/s.Sterne India Private Limited, whose Head office is situated at HSR Layout, Bengaluru. Accused No.1 - Khushnud Khan is one of the Directors of the said company and the petitioner in Crl.P.9552/2026 is his wife. 5. The allegation in the first information is that accused persons, who are the Directors and staff of M/s.Sterne India Private Limited, have failed to pay an amount of - 5 - HC-KAR CNR: KAHC010448642026 NC: 2026:KHC:42706 CRL.P No. 9552 of 2026 C/W CRL.P No. 9629 of 2026 Rs.10,76,86,769.32/- to the complainant company towards the goods supplied by the said company for the purpose of distribution by the company of the accused persons. Undisputedly, the said supply was made under the Distribution Agreement and therefore, the dispute between the parties, prima-facie, appears to be civil in nature. The petitioners herein, who are husband and wife, have no criminal antecedents and have undertaken to co-operate with the police for the purpose of investigation. The alleged offences are triable by the learned Magistrate and are punishable with imprisonment for a maximum period of seven years. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following; ORDER The petitions are 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.476/2024 registered by HSR Layout Police Station for the - 6 - HC-KAR CNR: KAHC010448642026 NC: 2026:KHC:42706 CRL.P No. 9552 of 2026 C/W CRL.P No. 9629 of 2026 offences punishable under Sections 316(2), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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. 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 68