- 1 - HC-KAR CNR: KAHC010505382026 NC: 2026:KHC:42408 CRL.P No. 11272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11272 OF 2026 (439(2)(Cr.PC) / 483(3)(BNSS)) BETWEEN: THE STATE OF KARNATAKA REP, BY THE SURATHKAL POLICE STATION, AT MANGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001 …PETITIONER (BY SRI. VINAY MAHADEVAIAH, HCGP) AND: 1. ABDUL WAHAB S/O MOHAMMED, R/AT NO. 2, 31 MAILAR HOUSE, VIDYANAGARA, KULAI, MANGALURU, D. K. DISTRICT. (PETITIONER IN CRL. MISC NO.832/2025) 2. RIZWAN, AGED ABOUT 33 YEARS, S/O ABDUL LATHIF, R/AT D.NO.342/1, INDIRA NAGARA, SANOOR POST AND VILLAGE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505382026 NC: 2026:KHC:42408 CRL.P No. 11272 of 2026 KARKALA TALUK, UDUPI DISTRICT. (PETITIONER IN CRL. MISC NO.841/2025) …RESPONDENTS THIS CRL.P. IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING THAT PLEASED TO CANCEL THE BAIL THE ORDER DATED 20.09.2025 PASSED BY THE LRD PRL.DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, IN CRL.MISC NO.832/2025 AND CRL.MISC NO.841/2025 IN REGISTERED BY SURATHKAL POLICE STATION CRIME NO.107/2025 REGISTERED FOR THE OFFENCES P/U/S 316(2), 318(4), R/W SECTION 3(5) OF THE BNS 2023 SECTION 21 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT 2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition is filed by the State under Section 439(2) of Cr.P.C., R/w Section 483(3) of BNSS, 2023 with a prayer to set aside the order dated 20.09.2025 passed by learned Principal District and Sessions Judge, D.K., Mangaluru, in Criminal Misc.Nos.832/2025 and Criminal - 3 - HC-KAR CNR: KAHC010505382026 NC: 2026:KHC:42408 CRL.P No. 11272 of 2026 Misc.No.841/2025, wherein regular bail has been granted to the respondents herein, who are arraigned as accused No.1 and 2, in Crime No.107/2025 registered by the Surathkal Police Station, for the offence punishable under Sections 316(2), 318(4) read with Section 3(5) of BNS, 2023 and Section 21 of Banning of Unregulated Deposit Schemes Act, 2019 (in short BUDS Act, 2019). 2. Heard the learned High Court Government Pleader for the petitioner-State and the learned Counsel for the respondents/accused No.1 and 2. 3. Learned High Court Government Pleader having reiterated the grounds urged in the petitioner, however, submits that respondent have cooperated with the police for the purpose of investigation and they have no criminal incidents. Allegation against the accused persons is that, accused No.1 had started a Lucky Scheme under the name and style of New Shine Enterprises, located in Ayesha Complex, 2nd Block Katipalla Village within the jurisdiction - 4 - HC-KAR CNR: KAHC010505382026 NC: 2026:KHC:42408 CRL.P No. 11272 of 2026 of Surathkal Police Station. The first informant after seeing broucher of the said scheme of Accused No.1 had subscribed for the said scheme. The allegation against the accused is that though they had assured of gifts in the monthly draw that was proposed to be held under the scheme, however, the first informant was not given any gift, though he had paid the monthly installments of the scheme regularly. It is alleged that accused persons have not returned the amount that was deposited with them and it is under these circumstances, he had approached the police. 4. Learned High Court Government Pleader has fairly submitted before this Court that accused have cooperated with the police for the purpose of investigation and they have complied with all the conditions that were imposed on them by the Court. He also submits that the properties of the respondents have been seized under the provisions of the BUDS Act, 2019 and investigation of the case is - 5 - HC-KAR CNR: KAHC010505382026 NC: 2026:KHC:42408 CRL.P No. 11272 of 2026 completed. It is not in dispute that accused persons do not have any criminal antecedents. 5. Under these circumstances, I am of the considered opinion that there is no good reason to entertain this petition. Accordingly, the Criminal Petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DL List No.: 1 Sl No.: 14