- 1 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11858 OF 2026 C/W CRIMINAL PETITION NO. 11813 OF 2026 IN CRL.P No. 11858/2026: BETWEEN: 1. PRADEEP ACHARYA S/O PRABHAKAR ACHARYA AGED ABOUT 36 YEARS R/AT: NITOOL ROAD MUDUBBELLE POST MOODUBELLE UDUPI DIST-576 120. 2. DAMAYANTI A W/O ANNANDHA G. MAINDAN AGED ABOUT 56 YEARS R/AT 12/92 AB SANGHVI SALMARA KODAVOOR TENKANIDIYOOR UDUPI TALUK & DISTRICT. …PETITIONERS (BY SRI PRATHEEK R SHETTY, ADV.) AND: THE STATE OF KARNATAKA BY MALPE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001. …RESPONDENT (BY SRI R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 THE EVENT OF THEIR ARREST IN CR.NO.76/2026 REGISTERED BY MALPE P.S., FOR THE OFFENCES P/U/S 3(5),316(2),318(4) OF BNS, PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI. IN CRL.P NO. 11813/2026: BETWEEN: 1. JYOTHI JATHAN (AS PER ADHAR CARD) W/O PRABHAKAR SUVARNA AGED ABOUT 42 YEARS R/AT D NO.13-42B NANDA NILAYA PADLA NERGI KODAVOOR VILLAGE TANKANIDIYOOR UDUPI - 576 106. 2. ROHINI W/O RAGHAVA MAINDAN AGED ABOUT 52 YEARS R/AT D NO. 2-132 ANUSHREE HANUMAN NAGAR KOLA KODAVOOR VILLAGE AND POST UDUPI - 576 108. ...PETITIONERS (BY SRI PRATHEEK R. SHETTY, ADV.) AND: THE STATE OF KARNATAKA BY MALPE POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001. ...RESPONDENT (BY SRI R. RANGSWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.76/2026 REGISTERED B MALPE P.S., FOR THE OFFENCES P/U/S 3(5),316(2),318(4) OF BNS, 2023, PENDING BEFORE THE PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI. - 3 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 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. Accused Nos.1 to 4 in Crime No.76/2026 registered by Malpe Police Station, Udupi, for the offences punishable under Sections 316(2), 318(4) and 3(5) of 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.76/2026 was registered by Malpe Police Station, Udupi, for the aforesaid offences against petitioners herein based on the first information dated 03.07.2026 received from Indira Bangera, who is one of the alleged victims in the present case. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.290/2026 and Crl.Misc.No.291/2026 before the jurisdictional Sessions Court which were rejected on 24.07.2026. Therefore, they are before this Court. - 4 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 4. A reading of the typed first information dated 03.07.2026, would reveal that first informant and other victims had allegedly invested in a company known as 'B. G. Wealth Sharing'. According to the first informant, accused persons had induced them to invest money in the said company for the purpose of trading. In the first information, it is stated that accused No.3 - Damayanti had the Office of aforesaid company at Malpe. Learned counsel for the petitioner has submitted before this Court that "B. G. Wealth Sharing" is not a local company and that accused persons are not part of the management of the said company. He has placed reliance on the order passed in a bail application by the High Court of Gujarat at Ahmedabad under similar circumstances in the case of Nirajsinh Ghanshyamsinh Rajput vs. State of Gujrat in Criminal Misc. Application No.17378/2026. In paragraph No.6 of the said order, it is observed as follows:- "6) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: - 5 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 (1) The allegations against the applicant are that the accused persons in furtherance to their common intention were running a company namely "BG Wealth Sharing" using an application called "DSJ Exchange" giving signals for trading by investing from $300 to $1000, giving tempting return per ID @ 1.3% and get double the amount of the investment within 54 days. They induced 31 investors to invest total amount of Rs.58,90,193/-. Perusing the papers it appears that the applicant is neither connected with the BG Wealth Sharing company nor he is the Director, Manager or CEO of the said Company. The applicant being an agent has got invested amount in the said company and in total 16 investors investment amount was transferred to the co-accused Imran and Alauddin for which the applicant has received regular commission of Rs.4 lakhs per month. The role attributed to the applicant is that he has only received the commission and performed as an agent. Except this not other victim came to lodge complaint or raised any grievance qua any misappropriation or irrgularity on the part of the applicant." 5. It is not in dispute that petitioners do not have any criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. The alleged offences - 6 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Under the circumstances, the following order:- 6. 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.76/2026 registered by Malpe Police Station, Udupi, for the offences punishable under Sections 316(2), 318(4) and 3(5) of 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 - 7 - HC-KAR CNR: KAHC010540592026 NC: 2026:KHC:46715 CRL.P No. 11858 of 2026 C/W CRL.P No. 11813 of 2026 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 DN List No.: 1 Sl No.: 86